Law

Using a ruler to decipher 'differences in the same case'

2025-07-22   

Relying on the anti drug cooperation mechanism of Sichuan and Chongqing procuratorates, the two places jointly supervised and handled 3 major cross regional drug cases, transferred 14 clues of missed crimes and crimes to each other, and cooperated to collect evidence 21 times. "" In response to the seminar on evidence identification and sentencing standards for new drug cases, we cracked the 'different punishments for the same case'... Recently, a press conference with the theme of 'implementing iron fisted drug control to safeguard the development of Sichuan and Chongqing' was held in Gaozhu New District, Sichuan and Chongqing. Courts and procuratorates of Sichuan and Chongqing jointly released 16 typical cases of punishing drug crimes. This year marks the fifth anniversary of the construction of the Chengdu Chongqing Economic Circle. How can the procuratorial organs of the two places use one ruler to handle cases in both places and answer the "must answer question" of promoting regional legal integration? The same case and same punishment under the standard of legal application is an important indicator for measuring the integration of regional rule of law, "a relevant person in charge of the Chongqing Procuratorate told reporters. Sichuan and Chongqing have vast territories, and although there is an imbalance in economic and social development, the adjacent areas generally have small differences and are also the most densely populated areas for population mobility and resource transmission between the two regions. Sing the "Twin Cities of Rule of Law" well, this is a promising "experimental field". In July 2024, the Chongqing Procuratorate and the Sichuan Provincial Procuratorate jointly signed the "Work Plan for Collaborative Creation of Regional Rule of Law Integration Model for Procuratorial Organs in Sichuan Chongqing Region", which specifically proposed to refine the standards for the application of laws and procedures, carry out pilot projects for the integrated performance of duties in adjacent areas, and maximize the implementation of the same case and punishment for the same crime in the procuratorial process. The Sichuan Chongqing Gaozhu New Area is the first cross provincial joint construction new area in China jointly approved by Chongqing Municipality and Sichuan Province, and is also one of the pilot areas. In October 2021, the Yubei District Procuratorate of Chongqing and the Linshui County Procuratorate of Sichuan Province jointly established a prosecutorial service center here to explore and implement an integrated prosecutorial performance model of "one window" acceptance, "one team" handling, and "one standard" judiciary. In early spring of this year, Yang Shifu, a prosecutor at the Linshui County Procuratorate, had a special theft case file on his desk - Gong found an unsecured smartphone in Yubei District, Chongqing, and returned to Tantong Town, Linshui County to steal 1765.9 yuan in WeChat change. In the past, a seemingly ordinary criminal case like this would be "tricky" due to the difference in prosecution standards between Sichuan and Chongqing. If we follow the theft prosecution standard of 1600 yuan in Sichuan Province, the amount involved has already exceeded the threshold, but the conviction standard in Chongqing is 2000 yuan. Should we prosecute or not prosecute? In July 2023, the Yubei District Procuratorate and the Linshui County Procuratorate jointly issued work guidelines to establish a unified non prosecution standard for 12 types of criminal cases, including traffic accidents and theft. Based on this guideline, considering that Gong's theft occurred in the Gaozhu New Area of Sichuan and Chongqing, and had statutory leniency such as surrender, confession, and full compensation, the Linshui County Procuratorate made a decision not to prosecute him. It is reported that two prosecutorial work guidelines have been issued in the two places so far, unifying 43 social risk assessment indicators and 12 common charges non prosecution standards, basically achieving the goal of "one ruler to the end" for non arrest and non prosecution cases. (New Society)

Edit:Wang Xinran Responsible editor:Wang Minhui

Source:JCRB

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