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Complaints by prisoners and their families in procuratorial activities

Release time: January 28, 2019

After the Shaanxi Provincial Procuratorate established a labor reform and procuratorial business unit in 1956, it further strengthened the investigation and prosecution of appeals and charges against prisoners and their families, and corrected the behavior of suppressing the appeals and charges of prisoners.

Investigating and appealing cases is a relatively complicated task. In terms of time, the vast majority of cases are transiting and difficult to verify; in terms of policies, due to different situations at different times, the policies have also been adjusted and difficult to grasp; in terms of targets, they are reformed criminals, both with rational appeals and unreasonable Entangled. Procuratorial organs at all levels investigate and deal with such cases, adhere to the specific analysis of the specific situation and the place where the case was issued, and rely on the masses to handle the case. Xue Fenglu, a prisoner in Hancheng County, was sentenced to 10 years in prison by the county court for "counter-revolutionary crimes" in April 1958 for dissatisfaction with food policies, dissemination of dissatisfaction, and beatings on animals. I have been dissatisfied, and many appeals have been rejected as "irrational appeals". In 1963, the Hancheng County Procuratorate, together with the court, brought the file to the place where the case was filed. After an in-depth investigation by the masses, it was confirmed that the facts of the original judgment were basically false, and Xue was acquitted according to law. Some criminals refused to plead guilty, fortunate enough, and repeatedly complained. After in-depth investigations, they were exposed and urged them to plead guilty. Huang Jin, a detainee in the Second Provincial Prison, was sentenced to a suspended death sentence in 1963 for organizing a counter-revolutionary group, conspiring to collect weapons and ammunition, and drawing up plans to attack the county government and military service bureau. During his detention, Huang Huang repeatedly complained on the grounds of "framing by others". In cooperation with the court and public security, the Weinan Procuratorate Branch carried the papers to the countryside three times, conducted in-depth inspections by the masses, and verified the original verdict by handwriting. It severely dismissed the offender and finally pleaded guilty and accepted the reform.

In 1962 and 1963, procuratorial organs at all levels of the province accepted 702 appeals from prisoners, reeducation through laborers and their families. Of the 381 cases completed, 159 were reasonable appeals, accounting for 41.7%; 222 unreasonable appeals, accounting for 58.3%. Of the 63 cases of reasonable complaints concluded in 1962, 17 were acquitted and educated, of which 7 were originally sentenced to severe sentences (3 in 10 years, 3 in 20 years, and 1 in life); they are minor. Thirty people were re-sentenced. The prosecution for unjustified appeals and resistance to reform was sentenced to 2 additional sentences. For some long-term complaints and protracted cases involving the procuratorate, the Procuratorate of the Provincial People's Procuratorate, together with the relevant organs, went to the grass-roots level to investigate carefully, find out the facts, and deal with them. The court of Yao County was sentenced to 15 years in 1951 for counter-revolutionary crimes, and Kou Qifu, a criminal who was sentenced to 5 years in prison for running away, has been convicted of his convictions since he entered labor reform and has continuously complained. Although the Weinan Procuratorate and the Yao County Procuratorate have conducted some investigations, they have not been able to find out, and the delay has been as long as 6 years. In July 1962, under the attention of the Provincial Procuratorate, the Provincial Public Prosecutors, Prosecutors, and Legal Authorities formed a joint working group to cooperate with the Yaoxian Public Prosecutors, Prosecutors, and Legal Authorities to spend more than 40 days with the papers and go to the countryside to reach the masses. Conducted a careful and meticulous investigation, thoroughly investigated the case, and confirmed that Kou Qifu was purely an injustice. When Kou Qifu, who was about to be held unjustly for 10 years and 1 month, was rehabilitated in accordance with the law, the relevant department causing the wrong case apologized to me and held him in custody. The family suffered losses during the period and appropriate financial compensation was made. After the conclusion of this major complaint case, the Procuratorate of the Province issued a notice on July 29, 1962 to the Procuratorates at all levels of the province, "Lessons to be Learned from Handling Kou Qifu's Appeal Cases", in order to arouse local attention to handling appeal cases.

In 1964, the Provincial Procuratorate summarized the experience of handling appeals in various places, and summarized them as follows: (1) "Three more and three less". That is to say, there are more people going to the countryside with less papers, and less cases being handled by authorities; more relying on the masses and more in-depth investigations; less cases being handled in isolation and less mysterious; more cases are being handled together with relevant units, and fewer are single-handed; (2) "Fast", after investigation The study will be concluded quickly; (3) "I will implement", and notify me in time for rectification or rejection; (4) "One look", through the handling of the case, look back at the problems in the review, approval, and prosecution.

In 1978, at the beginning of the reconstruction of the procuratorial organs, the procuratorial department of the prisons with the main efforts cooperated with the public security and courts to review the grievances, fakes, and wrong cases during the Cultural Revolution. In 1979, in conjunction with the courts and public security organs, a general inspection of 106 detention centers was carried out, and 2,036 detainees (including some convicted convicts) were released without charge and otherwise dealt with. At the same time, in conjunction with the court and public security organs, a large number of unjust and wrong cases were handled in conjunction with the review. In 1979 alone, 839 cases were vindicated, and 430 cases were corrected with severe sentencing.

In 1982, the procuratorates of the procuratorates at all levels accepted a total of 3,069 appeal cases. Except for the majority, 252 cases were handled by the prosecutors. The court transferred 16 people to acquittal, reviewed 40 cases, and rejected 192 cases.

In July 1984, the Procuratorate of the Provincial Provincial Procuratorate held a procuratorial work conference of the prison and demanded that "the complaints of the offenders should be taken seriously and cannot be simply changed, especially for some major cases that are obviously improperly punished and must be investigated in person." In 1985, the Procuratorate of the Procuratorate of the Provincial Procuratorate further clarified the scope of investigating and appealing cases: appeals against court judgments and rulings were generally transferred to the courts at the same level, and if it was found that grievances, false or wrong cases were possible, they could be handled by the procuratorate; In general, it is referred to the original decision-making authority for processing, and if it is found that wrongly-educated reeducation or criminal responsibility should be investigated, reeducation through labor can be handled by the procuratorial organ. From 1986 to 1989, procuratorates at all levels investigated and handled 1,224 appeals.

Shaanxi Province's procuratorial organs from 1959 to 1965 deal with the statistics of complaints from the supervision places, see Table 68, Shaanxi Province's procuratorial organs from 1986 to 1989 review the statistics of complaints from the supervision places, see Table 69

1959-1965 Shaanxi Provincial Procuratorial Organs Handling Cases of Supervised Appeals

Table 68

Unit: person

1986-1989 Shaanxi Provincial Procuratorial Organs Review of Appeals in Supervised Places

Table 69

Unit: person



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