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Case study

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In order to strengthen and standardize the case guidance work of the procuratorial organs, give play to the role of guiding cases in procuratorial casework, and promote the strict and fair administration of the procuratorial organs to ensure the unified and correct implementation of the law. On December 19, 2019, the Fangchenggang Procuratorate held the sixth session. The 29th meeting of the Procuratorial Committee carefully studied the tenth batch of guiding cases issued by the Supreme People's Procuratorate. Huang Zhong, deputy secretary of the party group and deputy chief prosecutor of the Municipal Procuratorate, presided over the meeting. The deputy chief prosecutor, a full-time member of the procuratorial committee, and other members attended the meeting.

Under the guidance of Chen Yao, the director of the Second Procuratorate of the Municipal Procuratorate, members of the Procuratorial Committee have in-depth understanding and study of the basic situation, litigation, relevant legal provisions and documents, key points of the case, and guiding significance of three typical financial crime cases. Three typical cases respectively show how the procuratorial organs guided the public security organs to solve the problems of securities transaction records and capital flow according to the characteristics of securities crime cases; how to correctly distinguish between the crime of illegally absorbing public deposits and the crime of fund raising fraud; The essential characteristics and constituent elements of property, collect, review, and use evidence. After earnestly understanding typical cases, members of the Procuratorial Committee exchanged their own learning gains one by one, saying that the study of guiding cases is very helpful to guide the practical handling of cases and the ability to accurately apply the law. In the future, they will continue to strengthen the understanding of cases.

Regarding how to organize and guide the case study, Huang Zhong put forward the following requirements: First, to strengthen the study of new financial crime cases in a timely manner. With the development of the times, the use of the Internet for financial crimes has become more prominent, and the concealment and confusion of such crimes have increased. Therefore, relevant knowledge points should be grasped in a timely and accurate manner, and the role of guiding cases should be effectively brought into play. The second is to make full use of typical case experience and implied ideas. The significance of typical cases is to provide a way of handling, the substantive reasoning is more clear, and the procedural reasoning is more comprehensive, which is conducive to the clarification of difficult and complex issues in the application of the law. Therefore, the experience of typical cases should be further promoted in the procuratorial work. The third is to give play to the leading role of the leadership team. Various departments should carry out concentrated learning of typical cases in multiple ways, thoroughly understand relevant clauses in accordance with typical case standards, and improve the professional level of prosecutors in the use of evidence, the application of law, and the determination of facts, and strive to achieve the "three" in each case. Effects ". (Integrated Services Department)


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