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Guiding Case No. 246 of the Supreme People's Procuratorate: Case of Supervision over Commutation of Wang [REDACTED]'s Sentence
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检例第246号：王某某减刑监督案
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【法宝引证码】
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- Legal document：
Ruling
- Judgment date：
12-11-2024
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| Guiding Case No. 246 of the Supreme People's Procuratorate: Case of Supervision over Commutation of Wang [REDACTED]'s Sentence | | 检例第246号：王某某减刑监督案 |
| (SPP Guiding Case No. 246) | | 检例第246号 |
| [Keywords] | | 【关键词】 |
| Supervision over sentence execution; modification of the original judgment upon retrial; automatic invalidation of the original ruing on sentence commutation; rendering a new ruling on sentence commutation; determination of repentance | | 刑罚执行监督 再审改判 原减刑裁定自动失效 重新裁定减刑 悔改表现认定 |
| [Key Points] | | 【要旨】 |
| Where the modification of the original judgment upon retrial results in the automatic invalidation of the original ruling on sentence commutation, except for circumstances where the offender is acquitted upon retrial, the people's procuratorate shall supervise the sentence execution organ in submitting a request to the people's court for rendering a new ruling on whether to commute the sentence in a timely manner. When a request for sentence commutation is submitted again, the people's procuratorate shall conduct a comprehensive examination of the evidentiary materials based on which the original ruling on sentence commutation is rendered. Where the evidence proving the offender's repentance is questionable and a reasonable explanation cannot be given, and it cannot be determined that the offender shows true repentance, the people's procuratorate shall submit a procuratorial opinion of proposing against sentence commutation in accordance with the law. | | 再审改判致原减刑裁定自动失效的，除再审宣告无罪的情形以外，人民检察院应当监督刑罚执行机关及时报请人民法院重新作出是否减刑的裁定。对重新报请减刑的，人民检察院应当全面审查原减刑裁定依据的证据材料，发现证明罪犯悔改表现的证据存在疑问且不能作出合理解释，不能认定确有悔改表现的，应当依法提出建议不予减刑的检察意见。 |
| [Basic Facts] | | 【基本案情】 |
| The offender, Wang [REDACTED], male, born in 1980, farmer. | | 罪犯王某某。 |
| Wang [REDACTED] committed a crime of intentional injury jointly with others. The Primary People's Court of Xiqing District of Tianjin Municipality determined that Wang [REDACTED] voluntarily surrendered himself. On July 2, 2012, it sentenced him to fixed-term imprisonment of four years and six months for the crime of intentional injury and ordered Wang [REDACTED] to pay the plaintiff to the incidental civil action more than 120,000 yuan in compensation. After the judgment of first instance was pronounced, the accomplice of Wang [REDACTED] appealed. On November 2, 2012, the First Intermediate People's Court of Tianjin Municipality ruled to dismiss the appeal and affirm the original judgment. On December 6, 2012, Wang [REDACTED] was committed to the Tianjin Jinxi Prison to serve his sentence and was later transferred to the Tianjin Ligang Prison to serve his sentence. On March 31, 2015, the First Intermediate People's Court of Tianjin Municipality ruled to commute Wang [REDACTED]'s sentence by fixed-term imprisonment of one year. On April 30, 2015, Wang [REDACTED] was released upon completion of his sentence. Following the victim's complaint and the procuratorial organ's appeal, the Primary People's Court of Xiqing District retried the case on January 22, 2024 and determined that the acts of Wang [REDACTED] did not constitute a voluntary surrender, affirmed the original conviction and the item regarding the incidental civil compensation, and sentenced Wang [REDACTED] to fixed-term imprisonment of five years. At the same time, it was determined that the original ruling on sentence commutation automatically became invalid and the sentence term was from February 2, 2024 to August 1, 2025. On April 24, 2024, Wang [REDACTED] was committed to the Tianjin Jinxi Prison to serve his sentence and on May 15 of the same year, he was transferred to the Tianjin Hexi Prison (the "Hexi Prison") to serve his sentence. | | 王某某与他人共同实施故意伤害犯罪，天津市西青区人民法院认定王某某构成自首，于2012年7月2日以故意伤害罪判处王某某有期徒刑四年六个月，并判决王某某赔偿附带民事诉讼原告人赔偿金12万余元。一审宣判后，王某某同案犯提出上诉。2012年11月2日，天津市第一中级人民法院裁定驳回上诉，维持原判。2012年12月6日，王某某被交付天津市津西监狱执行刑罚，后转至天津市李港监狱服刑。2015年3月31日，天津市第一中级人民法院裁定对王某某减去有期徒刑一年。2015年4月30日，王某某刑满释放。因被害人申诉，经检察机关抗诉，2024年1月22日，天津市西青区人民法院再审认定王某某不构成自首，维持原审对其定罪和附带民事赔偿判项，改判王某某有期徒刑五年，同时认定原减刑裁定自动失效，刑期自2024年2月2日至2025年8月1日。2024年4月24日，王某某被交付天津市津西监狱执行刑罚，同年5月15日转至天津市河西监狱（以下简称河西监狱）服刑。 |
| [Process of Performance of Duties by the Procuratorial Organ] | | 【检察机关履职过程】 |
| Discovery of clues. In July 2024, the First Branch of the People's Procuratorate of Tianjin Municipality (the "Tianjin First Branch") discovered in its routine supervision that after the offender Wang [REDACTED] was re-sentenced upon retrial, the prison did not submit a request to the court for rendering a new ruling on whether to commute the sentence. | | 线索发现。2024年7月，天津市人民检察院第一分院（以下简称天津一分院）在日常监督工作中发现，罪犯王某某再审改判后监狱未报请法院重新作出是否减刑的裁定。 |
| Investigation and verification. The Tianjin First Branch conducted the following investigation and verification into whether the prison requested a new ruling on commutation of Wang [REDACTED]'s sentence and whether Wang [REDACTED] met the conditions for sentence commutation. First, verifying the prison's request for a new ruling on commutation of Wang [REDACTED]'s sentence. After consulting the files and inquiring the relevant personnel of information, it was ascertained that Wang [REDACTED] fell under the circumstance where the original ruling on sentence commutation automatically became invalid due to modification of the original judgment upon retrial. In accordance with the provisions of paragraph 2 of Article 32 of the Provisions of the Supreme People's Court on the Application of Law for Handling Commutation and Parole Cases, where the original ruling on sentence commutation became automatically invalid due to modification of the original judgment upon retrial, after the retrial judgment took effect, the prison should promptly submit a request to the court for rendering a new ruling on whether to commute the sentence. However, the Hexi Prison failed to promptly submit a request to the people's court for rendering a new ruling in accordance with the law, which violated the above-mentioned provisions. Second, conducting a comprehensive examination of the evidentiary materials based on which the original ruling on commutation of Wang [REDACTED]'s sentence was rendered. It was found upon examination that Wang [REDACTED] committed the crime of intentional injury, had the prior record of a second offense, and was a recidivist, and that five self-written materials reflecting his attitude of admitting guilt and repentance during the period of serving his sentence, including the Six-Month Assessment and Appraisal Form and the ideological reports, were not written in the same handwriting. Wang [REDACTED] failed to provide a reasonable explanation for the inconsistencies in the handwriting of his self-written materials. After the handwriting examination and identification conducted by the Judicial Expertise Center of the People's Procuratorate of Tianjin Municipality upon entrustment, it was determined that four of the above-mentioned self-written materials were not written by Wang [REDACTED] himself. Third, investigating Wang [REDACTED]'s educational level and his writing literacy. After inquiring Wang [REDACTED] and the supervising police officers and consulting the case files of sentence commutation in that year, it was found that Wang [REDACTED] had the writing literacy and there was no special reason why he could not write. | | 调查核实。天津一分院围绕监狱是否对王某某报请重新裁定减刑以及王某某是否符合减刑条件，开展调查核实工作：一是核实监狱报请王某某重新裁定减刑的情况。经调阅档案、向相关人员了解情况，查明王某某属于因再审改判致原减刑裁定自动失效的情况，根据《最高人民法院关于办理减刑、假释案件具体应用法律的规定》第三十二条第二款规定，对于因再审改判致原减刑裁定自动失效的，在再审判决生效后，监狱应当及时报请法院重新作出是否减刑的裁定，但河西监狱未依法及时向人民法院报请重新作出裁定，违反了上述规定。二是全面审查王某某原减刑裁定依据的证据材料。经审查发现，王某某犯故意伤害罪，有二次犯罪前科且系累犯，服刑期间反映其认罪悔罪态度的《半年评审鉴定表》、思想汇报等5份自书材料非同一笔迹书写。王某某对于自书材料笔迹不一致无法作出合理解释。经委托天津市人民检察院司法鉴定中心进行笔迹检验鉴定，上述自书材料中的4份非王某某本人书写。三是调查王某某文化程度，有无书写能力。经询问王某某与管教民警、审阅当年减刑案卷，发现王某某具有文字书写能力，不存在特殊原因致不能书写的情形。 |
| ．．．．．． | | ．．．．．． |
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