Procuratorate action in the first half of 2022, by the numbers

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English中文(简体)

This data was taken from a press release given in July 20, 2022.
https://www.sohu.com/a/569588005_115239

Table of Tables

  1. Overall Arrest and Prosecution Rates
  2. Plea Leniency System Implementation
  3. Supervision Cases
    1. Supervision of Criminal Cases
    2. Supervision in Civil Cases
    3. Supervision in Administrative Cases
  4. Public interest litigation
  5. Juvenile Crime and Crimes against minors
  6. IP Protections
  7. Petitioning and Judicial Aid
  8. Normalization of Saohei, and guiding healthy economic development
  9. Leadership participation in handling cases

Overall Arrest and Prosecution Rates

Arrest here refers to 逮捕 a proceeding different than the initial custody enacted by police, which refers to the approval of continued pre-trial detention by prosecutors upon application by the police.

Topic#Change
Arrest approved/decided upon222,000 personsDown 51.2%
Not arrested139,000Down 21.3%
  • Non-arrest rate
39.2%Up 10.8%
Reviewed for prosecution982,000Up 11.2%
  • Decided to prosecute
681,000Down 14.4%
  • Decided not to prosecute
209,000Up 55.7%
  • Non-Prosecution Rate
23.5%Up 9.1%

 

Plea Leniency System Implementation

[The plea leniency system is a new procedure through which criminal suspects or defendants can receive a reduced sentence in exchange for an admission of guilt, ofter used in conjunction with procedures for reducing the time of trial]
Implemented after a decision to prosecute>85%
  • Prosecutors gave a definite sentencing recommendation
>90%
  • Sentencing rec. was adopted
>95%

 

Supervision of Criminal Cases

One of the reasons that we refer to ‘Procurators’ in China, rather than simply ‘prosecutors’ is because the procuratorate possesses functions beyond criminal prosecutions. Among these additional duties is the duty of “Legal Supervision” through which the procurators are to ensure that the courts and police correctly perform their duties and apply the law.

Topic#Change
Supervision of police opening OR withdrawing a case40,000 casesUp 50%
  • Cases in which polices filed or withdrew
37,000 cases (92.5% of supervised cases)Up 11.6%
Correcting illegal investigatory conduct52,000 casesUp 57.9%
  • Corrected in the period
51,000 cases (97.3%)Up 8.7%
Procuratorate appeals of case judgment3571 casesDown 15.4%
  • Court judgment changed OR remand for retrial
1468 Cases (61.6% of the completed trials)Up 6.8%
Correction of illegal trial activity9343 instancesUp 110%
  • Corrected in the period
8863 instances (94.9%)Up 4.1%
ENFORCEMENT
Correction of improper commutation, parole, or temporary release28,000 personsUp 4.8%
Correcting illegality in enforcement29,000 instancesUp 21.1%
Correcting illegal enforcement outside of prison38,000 personsUp 58%
Correction of improper performance of duties related to financial penalties24,000 instancesUp 64.7%
Opened cases for investigation of Crimes Abusing Public Office by Judicial Personnel791 personsUp 31.8%

 

Supervision in Civil Cases

Topic#Change
Supervision of civil rulings and judgments35,000 instancesUp 5.2%
Supervision opinions submitted6.202 instancesDown 2.7%
  • Of these, submitted procuratorate appeals
2,023 instancesDown 7.5%
  • Retrial opinions
4,179 instances
Changed judgment through appeals90.9%Up 6.7%
Supervision of trial activities
Submitted opinions on illegal trial conduct23,000 instancesUp 28%
  • Opinions adopted by court in the period
22,000 instances (93.6%)
Submitted opinions on illegal enforcement conduct26,000 instancesUp 22.7%
  • Opinions adopted in same period
89.5%
Submitted opinions on false litigation2,324 instances
Supported civil litigation35,000 instancesUp 81.7%
  • Of these involving migrant labor
22,000 instancesUp 64%

 

Supervision in Administrative Cases

Topic#Change
Handling cases of supervision of administrative case judgments8,269 instances
  • Of these, launched procuratorate appeal
88 instances
  • Retrial and judgment change
49 instances (83.1%)Up 8.1%
Submitted procuratorate recommendation for retrial139 instances
  • Court retried in same period
50 instances (36%)Up 20.5%
Submitted recommendations on illegal administrative trial activity7,081 instancesUp 150%
  • Adopted by court in same period
6,900 instances (97.4%)Up 17.8%
Submitted recommendations for illegal administrative enforcement activity18,000 instancesUp 85.1%
  • Adopted by court in same period
18,000 instances (98.6%)
Substantive resolution of administrative disputes5,345 instancesUp 83%

 

Public interest litigation

Public litigation is another newer function of the procuratorate, by which the procurators can bring lawsuits to protect the public good in areas where a large number of persons are impacted such as consumer rights, environmental protection, food safety, etc. Such suits may be Civil, targeting non-governmental actors, or Administrative, targeting government regulators for failure to perform their duties.

Topic#Change
Public interest cases opened107,000Up 32.3%
  • Civil
13,000 cases
  • Administrative
94,000 cases
Pre-trial procedures82,000 casesUp 22.9%
Filed suite4801 casesUp 30.9%
Supported by court100%
Recovered state land1.21 billion RMBDown 52.5%
Environmental compensation310 million RMBUp 190%
Recovered, cleaned, restored protected lands325,000 mu

(53,539.5 acres)

Up 200%

 

Juvenile Crime and Crimes against minors

Topic#Change
Approved juvenile arrest6,988 persons
Did not approve juvenile arrest12,223 persons (63.6%, 24.4% higher than overall non-arrest rate)Increase of 17.9%
Approved arrest for offenses against juvenile victims16,159 persons
Prosecuted minors13, 278 persons
Non-prosecution of minors16, 458 persons (55.3%, 31.8% higher than for all prosecutions)
Conditional non-prosecution at completion of trial12,000 persons (37.3%)Up 12.9%
Prosecuted crimes against minors25,000 persons
Used counseling and interventions to waive punishment3,156 timesUp 110%
Carried out rule of law lecture tours12,640 timesUp 30.9%

 

IP Protection Cases

Topic#Change
Intellectual property criminal prosecutions5,830 personsDown 3.5%
  • Involving trademark fraud/sale of goods under false TM
2,362/2,102 persons (76% of all IP crime cases)
Supervision cases involving judgments or mediation in IP cases229
  • Copyright
  • Trademark
  • Patent
  • 68 cases
  • 32 cases
  • 14 cases
Collectively 69.1% of these supervision cases

 

Petitioning and Judicial Aid

Topic#Change
Total petitions received369,000 instancesDown 23.2%
  • Repeat petitions
114,000 instancesDown 26.8%
  • Applications for compensation in criminal matters
Down 36.7%
    • Successful
Down 27.9%
Gave judicial aid22,000 instancesUp 93.8%
Judicial aid funds released250 million RMBUp 74.1%

 

Normalization of “Saohei”, and guiding healthy economic development

Saohei is often oversimplified as a criminal law action to crack down on organized crime, but as the articles linked above describe, it is actually broader, aimed at eliminating local forces that disrupt stability and Central Party rule, as well as officials that protect them.

Topic#Change
Saohei prosecutions5,738 personsDown 31.9%
Prosecuted the “protectors” of malign forces130 persons
Prosecutions for undermining order of market economy47,000 persons
Made appeals or retrial recommendations in civil/administrative cases impacting the economy726 cases
Raised procuratorate recommendations on civil/administrative trials and enforcement activities1426 casesUp 37.7%

 

Leadership participation in handling cases

Topic#Change
Leadership participated in case handling325,000 casesUp .8%
  • Chief procurators
37,000 cases (11.3%)
  • Deputy Chief, procuratorate committee heads etc.
289,000 cases (88.7%)
  • Criminal cases (including all related matters)
207,000 cases (63.5%)
  • Civil/Administrative
39,000 cases (11.9%)
  • Public interest Litigation
77,000 cases (23.6%)
  • Case management
1104
Chief procurator (or entrusted deputy chief) attending meetings of court adjudication committees7,249 casesUp 39%

 

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