On October 26, 2021, the Panyu District Procuratorate held a hearing on whether it was necessary to request the revocation of probation against community corrections subject Wen Moumou. The hearing was presided over by Yin Sen, the head of the Third Procuratorial Department, attended by the Panyu District Bureau of Justice, and invited three people's supervisors as hearings to jointly deliberate on the case: Bi Yalin, director of Guangdong Tianyi Interstellar Law Firm, Wang Ying, professor of the Law School of Guangzhou University, and Cao Xiaoxiao, deputy secretary of the Party Committee of Guangzhou Red Cross Hospital.
Review of the situation
Background to the hearing: On October 29, 2020, Wen Moumou, the head of a private enterprise, was sentenced to eight months in prison with a suspended sentence of one year by a foreign court for committing the crime of smuggling waste, and the probation period of probation was from November 10, 2020 to November 9, 2021. However, on June 3, 2021, the foreign court only served community corrections related materials to Mr. Wen and the Panyu District Justice Bureau, and Mr. Wen reported to the Panyu District Justice Bureau on June 10, 2021 to receive community corrections. In view of the above situation, the foreign court said that it had mailed the relevant documents when the judgment came into effect, but there may be cases of missing mail, missing and other situations, and the staff also had the problem of untimely follow-up. Mr. Wen violated the relevant regulations by leaving Macao three times from the date of the start of the probation period to the time when he received the community corrections materials, and Mr. Wen explained that he did not know that he could not leave The country with a suspended sentence at that time, and that his exit to Macao was due to the needs of foreign trade business.
This is the first time you've encountered that
Regarding whether Mr. Wen's illegal exit during the probationary period was identified as "other violations of relevant laws, administrative regulations, supervision and management provisions, and the circumstances are serious", and the need to raise the issue of revoking the probation recommendation, the Panyu District Bureau of Justice encountered this situation for the first time and specially sent a letter to the Panyu District Procuratorate to solicit opinions.
Hold a hearing
After the procuratorial organs received it, they collected the case materials to fully understand the case facts, and asked Mr. Wen in person about the specific circumstances of the case. After study and discussion at the joint meeting of procurators, the procuratorial organs believe that the case is indeed controversial and should be examined through a public hearing.
After solid preparations in the early stage, the hearing was held as scheduled. At the meeting, the procurator in charge introduced the case situation and the issues that needed to be heard, and the Panyu District Justice Bureau and the party Wen Moumou each elaborated their opinions, after which the hearing officer asked questions from multiple angles, and launched a fierce discussion and closed-door review on the hearing matters. Finally, the three hearing officers held that Mr. Wen violated the regulations and left Macao three times during the probationary period, and there was a violation of the law, but it did not reach the level of seriousness of the circumstances, did not cause a bad social impact, and did not receive relevant enforcement notices in advance, nor was it a deliberate and frequent violation of regulations. After fully listening to the deliberations of the hearing officers, the Panyu District Procuratorate accepted them on the spot on the basis of the facts, evidence and relevant legal provisions that had been ascertained.
After learning the results of the hearing, Wen Moumou could not suppress his emotions, moved to tears on the spot, thanked the judicial organs for saving himself and the company, and said that he would abide by discipline and law in the future and strive to contribute to society. The District Bureau of Justice believes that the hearing has achieved good political, legal and social effects, and very much agrees with the procuratorial organs' handling opinions and praises the hearing.
The hearing was also fully affirmed by the three hearing officers, especially by Bi Yalin, an outstanding lawyer from all over the country and a member of the Provincial Committee of the Chinese People's Political Consultative Conference, who believed that the cases selected at this hearing were of great social value, and also deepened the people's understanding of the procuratorial organs, and was a hearing worthy of good publicity and promotion.
The smooth holding of this hearing is the Panyu District Procuratorate's resolute implementation of the requirements of "hearing and hearing", actively promoting the normalization of the hearing work, effectively ensuring the vivid display of the people's right to know, participate in and supervise the procuratorial case-handling, enhancing the credibility of the procuratorial judiciary, and also giving full play to the procuratorial function to escort the healthy development of private enterprises, highlighting the temperature of the procuratorial hearing and justice for the people, and making fairness and justice more perceptible, touchable and credible.