Law

After being imprisoned, he regretted deeply

2025-11-18   

It was all my impulsiveness that let me down the opportunity to reform myself. Now I am being imprisoned and sentenced to two years and six months in prison. I truly regret it to death. I am sorry to my elderly parents for causing them to worry, shame and sadness for me again. "Recently, Peng, who has been imprisoned, repeatedly wiped his face with his rough palm and cried with his head in the custody center of Shangcheng County, Henan Province. This starts with a prosecutorial supervision that is racing against time. On May 28th, during the quarterly inspection of criminal execution and prosecution work by the Shangcheng County Procuratorate, it was found that Peng, the subject of social correction, was administratively detained for 12 days by the public security organs during the period of social correction. According to the relevant provisions of the Criminal Law and the Community Correction Law, this falls under the situation where his probation should be revoked. The investigating prosecutor immediately retrieved relevant original case materials and found that Peng was sentenced to two years and six months in prison and suspended for two years and six months by the court on November 22, 2022 for committing insurance fraud. The probation period for the suspended sentence is from December 6, 2022 to June 5, 2025. On December 8, 2022, Peng officially entered the correction process. At this time, there are only 8 days left until Peng's rehabilitation. The court has decided to divide the army into three routes: seal the community correction files of the judicial office and understand the daily correction situation of Peng that has been recorded; Inquire with the staff of the judicial office to review Peng's daily performance; Retrieve the information stored by the public security organs regarding Peng's administrative penalty and verify the legality of the administrative penalty. When reviewing Peng's community correction file, the investigating prosecutor found that the archived "Administrative Penalty Notice" stated that on August 10, 2024, Peng had an argument with others over trivial matters after drinking alcohol, and together with his cousin Feng, beat others, causing minor injuries to three people. On September 4, 2024, he was administratively detained for twelve days and fined 600 yuan by the public security organs. But the community correction records show that Peng's performance in that month was good, which confirms the existence of omissions and false management. After inquiring with the staff of the judicial office, the investigating prosecutor learned that due to Peng's inability to contact him after being administratively detained, the members of the community correction team did not report or organize verification of his trajectory to the entrusted judicial office in a timely manner. After receiving the "Administrative Penalty Decision" from the public security organ, the community correction institution neither imposed corresponding punishment on Peng nor made a suggestion to the original court to revoke the probation or impose imprisonment, resulting in Peng's serious illegal behavior not being investigated according to law. The investigating prosecutor found in the surveillance video retrieved from the public security organs that on the evening of August 10, 2024, Peng and his cousin Feng jointly punched and injured people, which confirmed the legality of administrative detention. Based on the criminal judgment, Peng's situation meets the statutory conditions for revoking probation as stipulated in the Criminal Law. During the probation period, if the violation of public security management regulations is serious, the probation must be revoked. There are only 6 days left until Peng is released from correction. ”On May 30th, the Shangcheng County Procuratorate organized a hearing, and after discussion, the hearing members unanimously agreed that Peng should be detained and executed. On June 3rd, the court issued a prosecutorial opinion letter to the judicial department regarding the execution of detention, while reminding them that "there are only 58 hours left until the release of the correction, please immediately initiate the detention procedure". On June 6th, after trial, the court ruled to revoke the original suspended sentence and decided to imprison Peng for execution. In order to prevent similar situations from happening again and prevent the execution of criminal penalties from becoming a "paper-based supervision", the Shangcheng County Procuratorate, in conjunction with the County Judicial Bureau, has carried out a "30 day special action for prosecutorial supervision before the lifting of the correction" based on this case. The "three meetings" (see file, see police officer, see oneself) will be conducted on social correction objects who have received administrative penalties, and a "screening" evaluation of social correction files will be carried out. On July 23rd, the Shangcheng County Procuratorate issued a social governance prosecutorial proposal to the County Judicial Bureau, suggesting that the judicial department further strengthen the professionalization and specialization of community correction work, timely grasp the dynamic information of community correction objects, standardize community correction work, and maintain the seriousness of criminal penalties. The court also issued a notice to the public security organs to correct illegal activities, pointing out that there is a lag in the information sharing and notification of community correction work by the public security organs, which leads to significant hidden dangers and risks for social correction objects to evade imprisonment and execution. It is required to implement timely notification responsibilities in accordance with the law. To address the difficulties and problems in community correction work on a regular basis, on July 25th, the hospital led a joint meeting between the county public security bureau and the county judicial bureau, establishing a joint mechanism to regularly exchange and analyze information on community correction work, and enhance the standardization and scientificity of community correction work. (New Society)

Edit:Wang Shu Ying Responsible editor:Li Jie

Source:Procuratorial Daily

Special statement: if the pictures and texts reproduced or quoted on this site infringe your legitimate rights and interests, please contact this site, and this site will correct and delete them in time. For copyright issues and website cooperation, please contact through outlook new era email:lwxsd@liaowanghn.com

Recommended Reading Change it

Links