(Reported by Li Xianghua and Zhang Huifeng) If detainees perform well during their detention period, they may have the opportunity to receive a lighter sentence. Yesterday, it was learned from the People's Procuratorate of Zhongmu County that the public security, procuratorial, and judicial departments of the county jointly formulated this implementation method and launched it first in the province.
According to the introduction, at the end of July this year, the People's Procuratorate, Public Security Bureau, and Court of Zhongmu County jointly formulated the "Implementation Measures for Including the Detention Performance of Detainees as Discretionary Sentencing Circumstances" (hereinafter referred to as the "Measures"). Since its operation, the court has adopted the suggestion of giving discretionary lenient punishment to 10 well-performing detainees, and proposed a suggestion of discretionary severe punishment to one poorly-performing detainee.
"Curbing jail bullies, safeguarding the legitimate rights and interests of detainees, and mobilizing the enthusiasm of detainees is the original intention of formulating the 'Measures'", said Meng Bo, director of the Supervision Department of the People's Procuratorate of Zhongmu County.
He said that under the current supervision system, due to unclear rewards and punishments in the supervision places and too small reward and punishment intensity, for detainees who violate supervision rules and discipline, the detention house can only give them effective penalties such as wearing leg irons, and the most severe penalty is short-term solitary confinement. As for those who abide by the rules and perform well, unless they have meritorious performance and can be legally treated leniently, they are generally only praised and encouraged. These reward and punishment measures will not be linked to the sentences of detainees, and will not substantially affect their personal interests, so it is impossible to mobilize the self-awareness of detainees to comply with the regulatory provisions, nor to balance the resistance mentality of detainees to challenge the regulatory provisions.
"If the performance of detainees during the detention period is linked to the judgment results (ruling results), it will inevitably affect the length of the detention period of detainees and mobilize their enthusiasm. This will help punish criminals and reform criminals, fundamentally ease contradictions, and create a harmonious and stable regulatory order." Jin Yaodong, head of the Supervision Department of the People's Procuratorate of Zhengzhou City, affirmed.
According to the introduction, the detention performance of detainees is divided into three levels: good, general, and poor. Six situations such as "consciously abiding by supervisory rules, receiving education and reform, and showing genuine remorse" are considered as good performance, while twelve situations such as "bullying the weak, provoking trouble, randomly beating, physically punishing, abusing, and insulting other detainees" are considered as poor performance. These "good" or "poor" situations will be used as discretionary mitigating or aggravating circumstances in sentencing and reflected in the court's judgment.
Associate Professor Zhang Jiancheng of the Henan Provincial Political and Legal Management Cadre College said that according to the relevant provisions and legislative spirit of China's Criminal Law and Criminal Procedure Law, linking the performance of detainees during the detention period with the judgment results (ruling results) gives detainees the motivation and hope to consciously abide by the regulatory provisions, truly unifying the legal effects and social effects of execution supervision organically.