The Supreme People's Court on the law for minor criminal cases.

Opinions of the Supreme People's Procuratorate on 2006 in accordance with the law for minor criminal cases meeting (Tenth December 28, 2006 the Supreme People's Procuratorate procuratorial committee sixty-eighth times through ) in order to fully implement the lenient and severe criminal policy, improve lawsuit efficiency, saving judicial resources, timely resolve social effect of contradiction, realize the legal effect and the organic unity of harmony society, for the construction of socialist social service law, according to the relevant provisions of the criminal procedure, the realities of the procuratorial work, the people's Procuratorate for minor criminal cases put forward the following opinions: first, in accordance with the law for minor criminal cases, for the simple case, the facts are clear and sufficient evidence, the suspect, the defendant man pleaded guilty to minor criminal cases, in accordance with legal procedures and deadline, the deadline to ensure quality premise, simplify work flow, shorten. Two, in accordance with the law for minor criminal cases, we should adhere to the following principles: (a) strictly. For minor criminal cases, must strictly enforce the law procedure. Rapid processing can simplify the internal work processes, shorten the duration, but omit the statutory procedures. (two) unification of justice and efficiency. For minor criminal cases, should be the unification of justice and efficiency principle consistently, not only ensure the fast for minor criminal cases. (three) fully guarantee the litigious rights of litigation participants. In the rapid process of handling minor criminal cases, litigation participants who must fully protect the special legal rules is a criminal suspect, defendant, victim's rights; legal provisions for the participants in the proceedings shall not exercise their litigation rights, can. Not in the pursuit of rapid processing and ignore the protection of the litigation rights of litigation participants. (four) timely resolve social contradictions. To resolve social contradictions together for minor criminal cases, through the establishment of rapid handling mechanism, improve the efficiency of solving social contradictions. Three, the rapid processing mechanism for minor criminal cases, it shall also meet the following conditions: (a) the simple case, facts are clear, evidence really, fully; (two) may be sentenced to three years in prison, detention, public surveillance or punishment; (three) the suspect, the defendant admitted carrying out the alleged crime; (four) the applicable law. four, following in accordance with the provisions of the third conditions of cases, shall quickly be: (a) minors or students suspected criminal cases; (two) people over the age of seventy suspected criminal cases; (three) the blind deaf mute person, serious disease patients or pregnant, breastfeeding is not one year old infants of women with suspected criminal cases; (four) subjective malignant small first offenders, criminal negligence; (, five) between the relatives and friends, because the disputes of criminal cases ; (six) the parties have civil compensation, resolve conflicts and reconciliation of criminal cases (seven); with the suspension of voluntary surrender, meritorious service, attempted, such as legal lighter, mitigated punishment or be exempted from punishment plot (eight cases. Five, for the safety endangering national crime, criminal case, the intent to commit crimes and other difficult, complex criminal cases, does not apply to be fast. For serious criminal cases, should carry out in accordance with the law severely and fast policy, concentrate on the timely processing, not suitable for the mechanism of the views of. Six, for conditions and in accordance with article third and fourth the scope of the provisions of the minor criminal cases, should be within the legal time limit, shorten the duration, improving lawsuit. review of arrest, the suspects have been detained, whether or not to approve arrest shall be made within three days of the decision; not detained, whether or not to approve arrest shall be made within five days. prosecution, public prosecution shall be made whether in the twenty decision; the task is heavy, more than a little contradiction, make shall within thirty days shall not be prolonged. Seven, for rapid processing mechanism of the minor criminal cases, should simplify the production review of arrest and prosecution submissions end. That fact and the investigation organ shall be consistent, a brief description, do not have to repeat the simple list; evidence of provenance and can prove the facts of the case, do not have complete copy; reason should be emphasized that criminal facts and opinions. eight, for the investigation organ for approval of arrest minor criminal cases, upon examination, that meet the rapid processing conditions, make approval of arrest or due to arrest without the necessity to disapprove the arrest decision, can fill in the "fast transferred for examination before prosecution proposal" proposal, the investigation organ in a timely manner is transferred for examination before prosecution; believes that the evidence is lacking, can suggest the investigation organ for examination after the timely supplement evidence. " quickly transferred for examination before prosecution proposal" shall at the same time the indictment copy. nine, in accordance with the summary procedure applies to minor criminal cases, the people's court shall advise the application of summary procedure. To apply the ordinary procedure of trial the defendant pleaded guilty to minor criminal cases, the people's court shall recommend simplification. Ten, to simplified according to the case of degree cases shall be simplified streaming, the criminal division, handle, designated personnel to handle minor criminal cases, conditions of the Department was established in the corresponding investigation and supervision departments and the public prosecution. for whether a case for rapid processing mechanism, the undertaking department. Determined to quickly handle the case, does not meet the rapid processing conditions after examination, the investigators found, shall timely report to department heads, to handle according to the general review of the way. Eleven, to for minor criminal cases, as the annual assessment work of procuratorial performance content, establish incentive. twelve, procuratorial organs should strengthen the contact with the people, and the public security organs with the common court, established in accordance with the law for minor criminal cases. Conditional, normative documents can be combined with the local public security organ, the people's court and other departments to develop rapid handling mechanism, in accordance with the law in order to realize the rapid processing of minor criminal cases in the investigation, arrest, prosecution, trial each lawsuit stage.