People v. Wang X et al. (case of the procuratorate's protest for the second instance against the crime of intentional injury and other crimes)
(Case No.178 of the Guiding Case of the Supreme People's Procuratorate)
Key Words
Procuratorate's protest for the second instance, Gangland crimes, Coercing minors to commit crimes, Death by intentional injury, Examination of compensation-understanding agreements
Key Point
The procuratorial organs shall strengthen special and prioritized protection for minors during case handling, and impose severe punishment in accordance with the law in cases where crimes against minors are committed by cruel means, under heinous circumstances, or with serious consequences. For crimes that involve coercing a minor to commit drug offenses or to participate in gangland-like criminal groups, resulting in the death of the minor due to violent means, they shall be recognized as "extremely serious offenses", and the death penalty shall be imposed in accordance with the law. In cases where the people's courts impose a lighter penalty based on a compensation-understanding agreement reached between the accused and the victim, the people's procuratorates shall conduct a substantive review of the agreement, and comprehensively and accurately analyze whether the sentence is appropriate. If the compensation-understanding agreement is not sufficient to warrant a lenient punishment, the people's procuratorates shall file a protest in accordance with the law, supervise the correction of the erroneous judgment, adhere to the principle of proportionality between the crime and the penalty, and uphold fairness and justice.
Relevant Provisions
Article 48 and 234 of the Criminal Law of the People's Republic of China
Article 228,232 and 236 of the Criminal Procedure Law of the People's Republic of China (Rev. 2018)
Article 3 and 10 of the Law of the People's Republic of China on the Protection of Minors (Rev. 2012) (Article 4 and 10 of the Law of the People's Republic of China on the Protection of Minors (Rev. 2020)
Article 1and 2 of the Opinions of the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security and the Ministry of Justice on Lawfully and Severely Punishing Gangland Crimes Committed by Utilizing Minors (Effective since 03,2020)
Article 9 of the Guidelines for the Criminal Appeal Work of the People's Procuratorates (Effective since 2018)
People v. Liu Xx (case of the procuratorate's protest for the second instance against the crime of trafficking drugs)
(Case No.179 of the Guiding Case of the Supreme People's Procuratorate)
Key Words
Procuratorate's protest for the second instance, Crime of trafficking drugs, Plea not guilty, Beyond reasonable doubt, Directly amend the judgment
Key Point
In cases where the people's courts acquit the defendant on the grounds of "reasonable doubt", if the people's procuratorates believe that the evidence on record can form a complete chain of evidence and the defendant's pleading of innocence lacks supporting evidence, a protest shall be filed. In the meantime, the people's procuratorates shall, if necessary, supplement and improve the evidence and provide explanations for the "reasonable doubt" perceived by the people's courts, so as to accurately exclude the "reasonable doubt", and fully support the opinions and reasons of the protest. In cases where ascertained facts are sufficient for conviction and sentencing and are within the scope of the charges of the prosecution, the people's procuratorates may recommend the people's court to directly amend the judgment in accordance with the law.
Relevant Provisions
Article 347 of the Criminal Law of the People's Republic of China
Article 55, 228, 232, and 236 of the Criminal Procedure Law of the People's Republic of China (Rev. 2018)
Article 582,584 and 589 of the Rules of Criminal Procedure for the People's Procuratorates (for Trial Implementation) (Effective since 01.2013) (Article 583,584 and 589 of the Rules of Criminal Procedure for the People's Procuratorates (Effective since 2019))
People v. Li X (case of the procuratorate's protest for the second instance against the crime of robbery, rape, and forcible molestation)
(Case No.180 of the Guiding Case of the Supreme People's Procuratorate)
Key Words
Procuratorate's protest for the second instance, Examination and application of indirect evidence, Electronic data, Newly discovered facts of the crime, Supplementary prosecution
Key Point
In the protested cases where there are disputes over the determination of facts and the application of the law, the people's procuratorates shall comprehensively collect, examine, and apply evidence, fully employ technical means to collect electronic data, heed the use of indirect evidence to enhance the chain of evidence, so as to ensure the accurate determination of criminal facts and the application of the law. If the clues indicating an uncharged crime are discovered during the process of handling a protest in the second instance, the people's procuratorates shall promptly transfer the clues to the public security organs for investigation. If the clues are verified as true, the people's procuratorates shall recommend the people's courts to remand the case for retrial, and then file a supplementary prosecution for the new criminal facts, thereby protecting the defendant's right to appeal in accordance with the law. The people's procuratorates shall strengthen retrospective scrutiny, using the handling of protest cases to identify and rectify issues and deficiencies in the process of the examination of arrest and prosecution.
Relevant Provisions
Article 236, 237, 263 and 264 of the Criminal Law of the People's Republic of China
Article 228, 232 and 236 of the Criminal Procedure Law of the People's Republic of China (Rev. 2018)
Article 368, 582, 584 and 589 of the Rules of Criminal Procedure for the People's Procuratorates (for Trial Implementation) (Effective since 01.2013) (Article 334,583,584 and 589 of the Rules of Criminal Procedure for the People's Procuratorates (Effective since 2019))
Article 3 and 11 of the Provisions on the Procuratorial Proposal Work of People's Procuratorates (Effective since 2019)
People v. Meng Xx et al. (case of the procuratorate's protest for reopening for a new trial against the crime of organizing, leading, and participating in organized crime of a gang nature, the crime of causing provocation and disturbance, and other crimes)
(Case No.181 of the Guiding Case of the Supreme People's Procuratorate)
Key Words
Procuratorate's protest for initiating a new trial, Ruling to grant the withdrawal of an appeal, Procuratorial Investigation, Supplementary and additional prosecution, Enhanced performance of supervisory duties
Key Point
In cases where the people's courts issued a ruling to grant a withdrawal of appeal after a defendant disagreed with the verdict of the first instance, appealed, and later withdrew it following the expiration of the appeal period, if the people's procuratorates believe that there is a clear error in the judgment of the first instance, the people's procuratorates at the same level of the court ruling to grant the withdrawal shall be entitled to protest in accordance with the trial supervision procedure. After the protest, if the people's courts instruct the case to be retried in accordance with the procedure of the first instance, and the uncharged criminal facts in the original case are discovered, the people's procuratorates shall file supplementary prosecution; if the uncharged suspects in the same case are discovered, the people's procuratorates shall file an additional prosecution, and recommend that the people's courts consolidate the trial of the case instructed for retrial with the case involving supplementary or additional prosecution, combining punishments for multiple crimes. The people's procuratorates shall strengthen supervision in handling cases, fully utilize a combination of the investigation of its own and supplementary investigation by investigative organs (departments), enhance coordination between investigation, prosecution, and supervision functions, thoroughly uncover the omitted crimes and criminals, promote the governance of the source of litigation, and consistently deepen and solidify the supervision of case handling.
Relevant Provisions
Article 277, 293 and 343 of the Criminal Law of the People's Republic of China
Article 113 and 254 of the Criminal Procedure Law of the People's Republic of China (Rev. 2018)
Article 308 of the Interpretation by the Supreme People's Court Regarding the Application of the Criminal Procedure Law of the People's Republic of China (Effective since 01.2013) (Article 386 of the Interpretation by the Supreme People's Court Regarding the Application of the Criminal Procedure Law of the People's Republic of China (2021))
Article 3 and 11 of the Provisions on the Procuratorial Proposal Work of People's Procuratorates (Effective since 2019)
People v. Song Xx (case of the procuratorate's protest for the second instance and reopening for a new trial against the crime of dangerous driving)
(Case No.182 of the Guiding Case of the Supreme People's Procuratorate)
Key Words
Procuratorate's successive protest, Crime of dangerous driving, Internal supervision of and restriction on the non-prosecution decision, Examination and evaluation of judicial appraisal
Key Point
The people's procuratorates shall regulate the exercise of its non-prosecution power in accordance with the law and strengthen internal supervision of and restriction on non-prosecution decisions by record review and other means, so as to improve the level of the examination of prosecution and the quality of case handling. In cases where there are two or more judicial appraisal opinions on the same specialized issue with inconsistent conclusions, procuratorial personnel shall pay attention to substantive examination on the compliance of the appraisal body, the legality of the appraisal procedure, the scientific nature of the appraisal methods, the adequacy of the appraisal materials, and the reasonableness of the analysis and argumentation, among others. For cases where protests are filed, to ensure the effectiveness of the protest, the people's procuratorates may further strengthen evidence by procuratorial investigation, fully support the opinions and reasons for the protest, and comprehensively perform the duty of supervising criminal trials to safeguard judicial justice by successive protest and continuous supervision.
Relevant Provisions
Paragraph 1, Article 133 of the Criminal Law of the People's Republic of China
Article 228, 232, 236 and 254 of the Criminal Procedure Law of the People's Republic of China (Rev. 2018)
Article 425 and 591 of the Rules of Criminal Procedure for the People's Procuratorates (for Trial Implementation) (Effective since 01.2013) (Article 389 and 591 of the Rules of Criminal Procedure for the People's Procuratorates (Effective since 2019))
