"The judicial organ's inquiry records shall be kept confidential. If the records flow from the case-handling organ, the case-handling organ shall bear the responsibility. If serious consequences are caused, the criminal responsibility of the relevant case handlers may be investigated. " Sun Yanshan, a professor at the School of Law and Politics of Hebei Normal University, commented.
Sun Yanshan said that rape is a public prosecution case. First, the public security organ files a case for investigation, and then it is transferred to the procuratorate, which then files a lawsuit in the court. In this case, before the suspect was arrested, the interrogation record had already flowed out, which should have been leaked for the public security organ to file a case for investigation.
To this end, in the past two years, Zhang Liping has repeatedly found procuratorial organs at all levels and discipline inspection departments of public security organs in congtai district and Handan, but there has been no result.
Zhang Liping took out the Notice of Public Security Organs Accepting Letters and Visits issued by congtai district Branch of Handan Public Security Bureau on August 23rd, 2009. "It says,' I will give you a written reply within 60 days (if it is special and complicated, it will be extended by 30 days)', but I have not received any statement so far." She said.
On the afternoon of May 19, when I contacted Yuan Qingbo, director of the Political Department of congtai district Public Security Bureau, he promised to contact relevant personnel for an interview immediately. However, when I contacted Yuan Qingbo again, his cell phone was never connected. Then I contacted Wang Yongzhi, a policeman who handled the case, and Wang declined the interview. After that, I tried to contact Yang Junhai, director of congtai district Public Security Bureau, but his office phone and mobile phone were never answered.
Zhang Liping (pseudonym), a woman from Quzhou County, Handan City, Hebei Province, was raped by the party secretary of a town in this county in March the year before last. After Zhang Liping called the police, he went to the public security organ to make an inquiry record, which was quickly copied in large quantities and plastered all over the streets of the county. In the past two years, Zhang Liping, who "felt naked in public", repeatedly reported the situation to the local public security and procuratorial departments, but he never got any "statement". (May 20, China Youth Daily: "The interrogation record of a rape case in Handan, Hebei Province was posted everywhere, and the victim struggled for two years-"Who leaked the interrogation record of the rape case ")
According to the relevant provisions of China's criminal procedure law, the interrogation record is a written record of answering questions when interrogating witnesses or victims. After verification, the interrogation record becomes one of the evidences in criminal proceedings, and it is an important basis for determining whether the criminal suspect is guilty or innocent, serious or light. (See Articles 97 and 98) Rape cases are not heard in public because they involve personal privacy; The record of inquiry involved in the case belongs to the secret of judicial work.
Article 26 of the Regulations on Disciplinary Actions of Civil Servants stipulates that those who disclose state secrets, work secrets or personal privacy mastered by performing their duties, resulting in adverse consequences, shall be given warnings, demerits or gross demerits; If the circumstances are serious, demotion or dismissal shall be given; If the circumstances are serious, they shall be dismissed. Articles 22 and 48 of the Police Law stipulate that the people's police shall not disclose state secrets or police work secrets. Offenders shall be given administrative sanctions; If a crime is constituted, criminal responsibility shall be investigated according to law.
In fact, after the rape interrogation records were leaked, Zhang Liping once went insane and committed suicide several times. Visible, this kind of illegal behavior, not only violated Zhang Liping and his family's right to privacy and reputation, and even endangered the victim's right to life. Therefore, no matter where the problem lies in the process of handling the case, the leaker must be punished by discipline and law.
Zhang Liping asked for two years, "Who leaked the interrogation record of the rape case?" ? However, the relevant departments are either indifferent or have dragged on for a long time, and no one has come forward to take responsibility. This has exposed at least two problems: first, the awareness of the rule of law is quite weak, and citizens' personal rights are not taken seriously at all; Second, the confidentiality system and accountability mechanism exist in name only, and arrogance and numbness are the normal state of power operation!