刑事被告人冒用他人身份的案件屡见不鲜,且有时因犯罪行为人、相关人员刻意为之,导致冒用身份的情况即使到判决生效后也未被及时发现、纠正。本案就是属于该种情况,胡某甲的前科系其弟弟冒用其身份所为,但其在当时明知该情况而未提出异议。直至胡某甲本人犯罪后,因担心前科影响量刑而提出了前科为假的辩解。假前科的存在,虽然不影响案件本身定性,但是否妥善解决,关系到公安司法机关作出的认定、判决的严肃性及权威性。检察院在审查犯罪嫌疑人胡某甲故意伤害案中,发现其前科可能系他人冒用身份所为后,准确适用法律规定,通过退回补充侦查结合自行取证的方式查明案情,对于公安机关发现前科为假但怠于取证的行为及时予以纠正。之后,检察院还以再审检察建议的方式,建议法院依照刑事诉讼法的有关规定,以自行发现错案的方式进行再审。本案的审查处理,对于类似案件的处理具有一定的参考价值。 Cases of criminal defendants fraudulent use of other people are not uncommon, and sometimes due to criminal acts, the relevant personnel deliberately, leading to fraudulent use of the situation even after the entry into force of the sentence has not been found in time to correct. This case belongs to this kind of situation. Former Secretary of State Hu Moumou was fooled by his brother for his identity, but at the time, he knew the situation without raising any objection. Until Humou Jia himself after the crime, due to fear of sentencing affect sentencing and the excuse of the previous section is false. Although the existence of false records does not affect the qualitative nature of the case, whether it is properly resolved or not depends on the determination made by the public security and judiciary and on the seriousness and authority of the judgment. Procuratorate in the review of the criminal suspects Humou Jia deliberately hurt the case and found that their predecessors may be others fraudulent use of the identity of the accurate application of the law by returning to supplement the investigation combined with their own evidence to identify the case, for the public security organs found the former Section Timely correction of false but lax evidence collection. After that, the procuratorate also suggested that the court review the proposal by retrial, suggesting that the court in accordance with the relevant provisions of the Code of Criminal Procedure, to find the wrong case by way of retrial. The examination and handling of this case has certain reference value for the handling of similar cases.