2024-09-25
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according to beijing youth daily, in april 2021, the police in jinan, shandong province cracked a rape case. eight female college students were involved in the case, two of whom were pregnant and had miscarriages. during the investigation, the procuratorate found that someone had called the police as early as the early stage of the suspect's crime, but the case was suspected to have been shelved due to jurisdiction and transfer issues. in 2023, with the end of the rape case trial, the first police officer who came into contact with the suspect was also sued for "dereliction of duty" in court, and the case transfer issue exposed behind it attracted much attention.
the publicly disclosed case shows that on may 18, 2020, female college student gao fan went to the puji police station in zhangqiu district, jinan to report that she was recorded in a nude chat video and threatened. because the nature of the case was unclear, the police officer who received the case reported the situation to the legal affairs section of the zhangqiu public security bureau, and later filed an administrative case on the grounds that "gao fan's personal safety was threatened."
in the initial process of accepting the case, the police officer who received the case handled the case in an impeccable manner. however, things changed later. with the cooperation of the police officers from the nanma police station of the yiyuan county public security bureau, the zhangqiu police interrogated the suspect. according to the records in the case materials, in the face of new circumstances that emerged during the case handling process, the police officer who received the case believed that yiyuan was the residence of the suspect and might also be the place where the crime was committed, and should be handled by the yiyuan police. therefore, the case handlers handed over the transcript and a copy of the report materials of the "gao fan case" to the yiyuan police and then returned.
the key to the problem is that according to the case handling regulations of the public security organs, whether it is an administrative case or a criminal case, the transferred case needs to submit a "case transfer report" in the public security case handling system, and after approval by the director in charge, a "case transfer notice" will be generated. after that, the transferring unit needs to transfer the case transfer notice and case-related materials to the public security organ with jurisdiction, and upload the "case receipt" to officially transfer the case. for cross-county transfers, the relevant documents for case transfer are handled offline.
as the suspect was finally arrested, the prosecutor began to question the relevant case officers and victims about the handling of the case of "gao fan's personal safety was threatened" at the end of august 2021, investigating the handling of the case and the transfer of the case. the original call-taker got into trouble because of this - both the city and county courts believed that he did not strictly follow the regulations to perform his duties correctly in handling the administrative case of "gao fan's personal safety was threatened", resulting in the case not being handled in a timely manner, causing serious losses to the interests of the people, and constituting the crime of dereliction of duty.
this is a regrettable and thought-provoking case. if the initial case handlers had been more rigorous and responsible, the suspect might not have been at large for so long; if the police in the two places had been more standardized in the transfer of the case, the serious case might not have become an "unsolved case"; if the suspect could be brought to justice as soon as possible, the subsequent female college students might not have fallen into the clutches of the criminal... unfortunately, the case does not allow for assumptions, and the law does not have "ifs". because there were fatal flaws in the key links of the transfer of the case, the case was "transferred" but not "handed over", which not only left room for the police in the two places to shirk responsibility and quibble, but also brought unexpected legal troubles to all the case handlers.
according to reports, the police officer admitted that he was not professional enough in handling the case, which led to negligence in the process of handling the case. he was willing to accept disciplinary sanctions, but did not think that his behavior constituted a crime. dissatisfied with the verdict, the police officer has now filed an appeal. regardless of the final outcome of this "case within a case", this case is a warning: in the process of handling cases, legal procedures and rules and regulations must be strictly observed. this is not only the due meaning of protecting the rights and interests of the parties, but also a kind of protection for the law enforcers themselves. just like the famous legal motto - we know that the law embodies justice, but someone must use it correctly.
special commentator zhao zhijiang