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Summary of the Court’s Community Correction Work
Summary of the court's community correction work
The court takes four steps from daily supervision, rules and regulations, visits and inspections, and technical monitoring to do its best to do a good job in community correction. The following is a summary of the court's community correction work that I have collected for everyone. Welcome to read!
Summary of the court's community correction work 1
An important reform, related to the overall situation, far-reaching impact, and positive Participation in community correction work is also an important part of the people's courts' participation in comprehensive management of social security. In the past few years, the hospital has attached great importance to community correction work for non-custodial offenders, and properly implemented "cautious application, pre-sentence inspection, and joint correction". In the three years from 2007 to 2009, the Fusong Court sentenced 667 criminal defendants, and applied non-custodial sentences to 128 defendants, accounting for 19.19% of the total number of defendants sentenced. None committed another crime, and no one committed another crime. One off. This work experience and practice have been affirmed by the superior party committee and the court.
The specific methods of the hospital’s participation in community correction work are:
1. Resolutely implement the party’s criminal policy of combining leniency with severity and apply it prudently
Through recent years After years of trial practice, the court fully realizes that criminal trial is an important part of community correction work. To a certain extent, criminal trial work determines the implementation effect of the Party’s criminal policy of combining leniency with severity, and determines the effectiveness of community correction for non-incarcerated criminals. Effect. To this end, based on the social security situation of the county and combined with relevant legal provisions, the court formulated the "Interim Provisions on the Application of Non-custodial Punishments by Fusong County People's Court", which detailed the scope of application and prohibited application of non-custodial sentences. In particular, it is emphasized that on the premise of not causing further harm to society, non-custodial sentences must be applied only if the three conditions of "the crime is relatively minor, the victim and his family members understand, and the conditions for assistance and education" are met. At the same time, the "Interim Provisions" also specifically emphasizes on the operating procedures: Except for general traffic accident cases and minor injury cases, other criminal cases in which non-custodial sentences are intended to be applied, except for the victims and their families who have received actual compensation and understanding of the defendant, All cases shall be submitted to the Judicial Committee for discussion and decision. Since the hospital strictly regulates the application of non-custodial sentences in an attitude of being responsible to the party and the people, the law and history, the hospital has achieved gratifying results in the application of non-custodial sentences. At the same time, for some criminal cases that have a certain social impact and are controversial in the application of non-custodial sentences, the court also invited deputies to the National People's Congress, members of the Chinese People's Political Consultative Conference and all walks of life to participate in court hearings, collegial panel deliberations, and judicial committee discussions system, and held regular symposiums to extensively solicit their opinions and suggestions on the application of non-custodial sentences in the people's courts, which also laid a solid foundation for the smooth development of community corrections in the next step.
2. Implementation During the trial, whether the defendant has the responsibility to apply the conditions of control and probation, and conduct pre-sentence inspection
The court stipulates the "three-level responsibility system" applicable to non-custodial sentences, that is, the presiding judge (or person in charge) He is the person directly responsible for investigating whether the defendant meets the conditions for non-custodial punishment before sentencing. He conducts in-depth visits to the police stations, communities, schools and families where the crime occurred and the defendant’s residence, focusing on investigating the defendant’s behavior before the crime. Consistent performance, and whether they meet the conditions for post-sentence community correction. For those who behave badly and do not have the conditions for help and education, non-custodial sentences must not be applied. For example, in the trial of the robbery case of the defendant Liu, the presiding judge found through pre-sentence inspection Liu dropped out of school for many years and often went to neighbors' houses to commit petty crimes. His parents were divorced and he lived with his father. Although Liu had just turned 14 when he committed the crime, Liu's legal representative and designated defender expressed the hope in court that he could It was suggested that Liu be subject to a suspended sentence. However, the presiding judge considered that Liu was a house robber and had poor behavior at ordinary times and was not qualified for assistance and education. In the end, the presiding judge did not propose a suspended sentence during the collegial panel review and sentenced the defendant to the crime of robbery. Liu was sentenced to four years in prison and fined 1,000 yuan. Liu and his legal representative appealed, but the Baishan Intermediate People's Court rejected the appeal and upheld the original verdict. The president of the criminal trial court is the person in charge of the review and is responsible for reviewing the non-custodial sentence dossier materials. The deputy president in charge is the first person in charge and is responsible for the application of all non-custodial sentences. He is responsible for the final approval of the judgment before pronouncing the sentence. The application of non-custodial sentences is the last hurdle.
3. Adhere to the principle of combining punishment with education and reform, and achieve joint correction
In order to achieve the effect of applying non-custodial sentences, the hospital has strengthened its cooperation with the public security, procuratorial, and judicial Work closely with local party and government departments and actively participate in community correction work. The following methods are mainly used:
1. Legal service procedures. For defendants who are sentenced to non-custodial sentences, after the verdict is pronounced and the judgment becomes legally effective, the "Criminal Case Closing Registration Form", "Execution Notice", "Community Correction Notice", and "Community Acceptance Correction Guarantee" and "Criminal Judgment", and at the same time served the "Execution Notice" and "Criminal Judgment" to the Public Security Management Brigade of the County Public Security Bureau to provide first-hand materials for community correction;
2. Self-built file. The hospital has established investigation files for non-custodial offenders, one file for each person, recording the start and end time of the investigation, the specific situation of the person under investigation, the investigation plan, and the person in charge of the investigation;
3. Regular return visits. The hospital, in conjunction with the procuratorate, public security, justice and local party and government departments, implements a regular return visit system for non-custodial criminals. General non-custodial criminals will be visited once every six months, and non-custodial criminals who are in difficulty or have signs of committing another crime will be visited multiple times. Appropriately increase the amount, and adopt a combination of face-to-face assistance and mailed materials, and a combination of ideological assistance and life assistance. Summary of the Court’s Community Correction Work Part 2
First, implement multiple effective supervision methods. Make full use of facial recognition technology to minimize violations such as substitute check-in and overtime check-in, and enrich the evidence for inmates' violation warnings and punishments. A "daily reporting" system is implemented to conduct classified, grouped and decentralized management of community prisoners serving different types of crimes. A "Wednesday" reporting system for female community inmates has been developed. Community inmates under strict supervision are required to report in groups every Monday to Friday. Inmates in the community under strict supervision are allowed to report on Tuesdays every two weeks. A large-scale warning education activity is carried out once a month. The joint police station conducts temporary control of the identity information of community prisoners, and promptly investigates and educates on illegal outings, human-machine separation, abnormal shutdown and other behaviors. Real-time control of the whereabouts of each community inmate ensures seamless and effective supervision of community inmates.
The second is to build a multi-sector joint assistance platform. The Joint Procuratorate conducts centralized admonishment and interview activities for community inmates every quarter, and conducts spot checks on district inmate files from time to time; the joint procuratorate conducts 42 pre-trial social assessment surveys of community corrections, and conducts 42 pre-trial social assessment surveys on community inmates such as Wang and Liu. The pre-sentence evaluation of the five people provided an important reference; on June 16, the United Police Station, with the cooperation of the Municipal Community Correction Management Center and the Prison Affairs Department of Tengzhou Prison, processed the enrollment files for the children of inmate Sun through a paternity test.
The third is to realize interactive supervision of the helping and teaching groups. A helping and teaching group composed of village committee members, family members, volunteers, etc. has been formed to implement humanized interactive management, strengthen the ideological transformation of community prisoners, and help them solve their life difficulties. On February 12, with the assistance of the assistance and education team, we visited Chen, a community inmate suffering from a brain tumor. For inmates in the community who do have weddings, funerals, etc. during the daily reporting process, leave will be guaranteed by the assistance and education team.
The fourth is to implement a 100% assessment system for public welfare labor. Organize community inmates to perform no less than 8 hours of public welfare work every week, and conduct a 100-point assessment of the labor effectiveness of community inmates who participate in public welfare labor each time. Community inmates who are outstanding in the assessment with a score of 95 or above will be verbally praised, and community inmates who are lazy at work and fail the assessment will be verbally warned and truthfully recorded in the book as one of the means to adjust the categories of lenient and strict control.
Currently, there are 50 people serving sentences in the community. A total of 28 people have been admitted throughout the year, 22 people have been discharged, 2 people have had their probation revoked, 1 person has been granted amnesty, 562 people have received intensive education, and 230 people have been interviewed individually. During the work, punishment measures were taken against 4 community inmates who violated the regulations. Among them, 1 community inmate who violated the regulations was given a warning; 2 community inmates were imprisoned for disobedience to management; 1 community inmate was punished for His relatives intimidated the corrections officers and he was sentenced to 10 days of public security detention. So far, there has been no pipe detachment or leakage. ;
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