涉疫犯罪批捕工作中的“三对关系”阐释

An Interpretation of the "Three Pairs of Relations" in the Work of Approving Arrests for Epidemic-related Criminals

面对新冠肺炎疫情严峻情势,检察机关要以高度的政治自觉、法治自觉、检察自觉抓好批捕工作,将防疫与办案作为一个中心任务来抓,为打赢疫情防控阻击战营造良好的司法环境。为妥善处理防疫与办案关系,检察机关必须坚持政治引领,提高政治站位,同时要守住法治底线,坚持依法防疫。尽管检察机关针对涉疫犯罪依法从快从严批捕、提前介入侦查是确保疫情防控平稳有序推进,为打赢疫情防控阻击战发挥检察力量的重要表现,但在"从快"批捕的同时,检察机关要坚守公正底线,确保案件的实体公正与程序公正。在"从严"批捕的同时,要准确把握宽严相济刑事政策,坚持依法从严。在提前介入侦查,加强对公安机关侦查引导、形成防控合力的同时,要健全完善制约机制,坚持"公、检、法"三机关分工负责、互相配合、互相制约原则。

In the face of the grim situation of COVID-19 ’s epidemic situation, the procuratorial organs should do a good job in approving arrests with a high degree of political consciousness, legal consciousness, and procuratorial consciousness, and regard epidemic prevention and handling cases as a central task so as to create a good judicial environment for winning the war of prevention and control of the epidemic. In order to properly handle the relationship between epidemic prevention and case handling, procuratorial organs must adhere to political guidance, improve their political position, and at the same time maintain the bottom line of the rule of law and persist in epidemic prevention in accordance with the law. Although procuratorial organs approve arrests quickly and strictly for epidemic-related crimes in accordance with the law and intervene in investigation in advance is an important manifestation of ensuring the smooth and orderly progress of epidemic prevention and control and contributing procuratorial strength to win the war of prevention and control of epidemic diseases, but at the same time of approving arrests as soon as possible, procuratorial organs should stick to the bottom line of justice and ensure the substantive justice and procedural justice of the case. While approving arrests "strictly", it is necessary to accurately grasp the criminal policy of combining justice with leniency and persist in being strict in accordance with the law. While intervening in the investigation in advance, strengthening the investigation guidance to the public security organs and forming a joint force of prevention and control, it is necessary to improve and perfect the restriction mechanism and adhere to the principles of division of labor and responsibility, mutual cooperation and mutual restriction among the three organs.