May 31, 2010
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No. 3 of Four Model Cases Where the Defendant Admits Guilt and Accepts Punishment and to Which the Fast-Track Sentencing Procedure May Apply Published by the Supreme People's Procuratorate: People v. Wei for duty encroachment
No. 3 of Four Model Cases Where the Defendant Admits Guilt and Accepts Punishment and to Which the Fast-Track Sentencing Procedure May Apply Published by the Supreme People's Procuratorate: People v. Wei for duty encroachment 


[Key Legal Points] 【法律要旨】
The criminal fast-track sentencing procedure has been added in the Criminal Procedure Law (2018 Amendment). Article 222 of the Criminal Procedure Law provides that “the fast-track sentencing procedure may apply to a case under the jurisdiction of a basic people's court where the defendant may be sentenced to fixed-term imprisonment of not more than three years, provided that the facts of the case are clear, the evidence is irrefutable and sufficient, and the defendant admits guilt, accepts punishment, and agrees with the application of the fast-track sentencing procedure, and the case shall be tried by a sole judge. When a people's procuratorate institutes a public prosecution, it may recommend that the people's court apply the fast-track sentencing procedure.” The fast-track sentencing procedure is an important part of China's multi-level criminal procedure system and it is of great significance for advancing the separation of simple and complex cases, improving litigation efficiency, saving litigation resources, optimizing the distribution of judicial resources, and safeguarding the lawful rights and interests of the parties involved. At present, the system for imposing lenient punishment on those admitting guilt and accepting punishment has been fully implemented; however, the application proportion of the fast-track sentencing procedure is still low and the efficiency value contained in the system has not been fully demonstrated. From the perspective of a procuratorial organ, due to the short statutory time limit for handling a case by applying the fast-track sentencing procedure and heavy workload in making the defendant admit guilt and accept punishment, a great deal of work including resolution of conflicts, reconciliation, and understanding is required in some petty cases and such work is not easy so that some procurators are reluctant to, incapable of, or not good at applying the fast-track sentencing procedure. For the purpose of better implementing the relevant provisions on the fast-track sentencing procedure provided in the Criminal Procedure Law, the Supreme People's Procuratorate has, based on the cases reported by local procuratorial organs, selected four model cases for study and reference by local procuratorial organs. 2018年刑事诉讼法修改增设了刑事速裁程序。刑事诉讼法二百二十二条规定,“基层人民法院管辖的可能判处三年以下有期徒刑的案件,案件事实清楚,证据确实、充分,被告人认罪认罚并同意适用速裁程序的,由审判员一人独任审判。人民检察院在提起公诉时,可以建议适用速裁程序”。速裁程序是我国多层次刑事诉讼程序体系的重要组成部分,对推进刑事案件繁简分流,提升诉讼效率,节约诉讼资源,优化司法资源配置,维护当事人合法权益具有重要意义。当前,认罪认罚从宽制度已经全面实施,但是适用速裁程序的比例仍然偏低,这一制度所蕴含的效率价值尚未得到充分彰显。从检察机关自身角度讲,由于适用速裁程序法定办案期限短,认罪认罚工作任务重,有些轻罪案件需要做大量矛盾化解、和解谅解工作,其实并不简单,导致有的检察官不愿用、不会用、不善用。为更好落实刑事诉讼法关于速裁程序的相关规定,最高检在各地检察机关上报案例的基础上,选编了4起典型案例,供各地检察机关学习参考。
[Basic Facts] 【基本案情】
Defendant, Wei, male, former employee of the warehousing department of A Industrial Co., Ltd. (hereinafter referred to as the “A Industrial Company”). During the period from 2013 to 2015, by taking advantage of his position for receiving and delivering goods in the warehousing department of A Industrial Company, Wei and Pan, actual operator of Changzhou B Metal Products Co., Ltd. (hereinafter referred to as the “B Metal Products Company”) which was a supplier of A Industrial Company jointly seized the payment for goods of over CNY130,000 of A Industrial Company through delivering goods less than the amount buyers ordered and collecting the full payment (commonly referred to as “delivering empty orders”). The two persons then equally divided the aforesaid illicit money. 被告人魏某某。2013年至2015年间,被告人魏某某利用负责某工业有限公司仓储部收发货工作的职务便利,伙同该公司供应商常州市某金属制品有限公司实际经营人潘某某,采用少发货、收全款(俗称“送空单”)的方式,共同侵吞该工业有限公司货款人民币13万余元。后两人将上述赃款予以平分。
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