论文部分内容阅读
近年来,我国法学界对检察机关所拥有的免予起诉权力争议较大,大致有两种观点:赞成者认为免予起诉有利于教育.挽救被告人和分化、瓦解犯罪分子,有利于缩短诉讼时间,减轻人民法院、人民检察院的工作负荷。反对者认为,这种做法违背了我国现行宪法的规定,破坏了监督制约,不利于保障被告人和被害人的合法权益。笔者认为,对检察机关的免诉权不能不加区别地一概肯定或否定,应全面,公正地来看待免予起诉制度。 (一) 免予起诉是一九五六年检察机关在处理反革命分子投案自首的工作中创造的,后经全国。人大常委会决定,运用于对在押日本战争罪犯的处理。一九七九年作为一项重要的诉讼制度被正式列入我国刑事诉讼法,我国刑诉法第一百零一条规定:“依照刑法规定不需要判处刑罚或者免除刑罚的,人民检察院可以免予起诉”。由此可见,免予起诉是人民检察院对公安机关侦查终结而移交人民检查院起诉或免予起诉的案件以及人民检察院自行侦查终结的案件,经过审查,认为被告人的行为已经构成犯罪,但依法不需要判处刑罚或者免除刑罚的,所作出的由人民检察院宣告被告人有罪但不提交人民法院审判的诉讼制度。
In recent years, the jurisprudence of our country has a lot of controversies over the exemption from prosecution power possessed by the procuratorial organs. There are basically two opinions: those who agree that the exemption from prosecution are conducive to education, and that saving the accused and differentiation, disrupting criminals and shortening litigation Time, reduce the people’s court, the people’s procuratorate’s workload. Opponents believe that this practice runs counter to the provisions of the current constitution of our country, undermines the supervision and restriction and is not conducive to safeguarding the legitimate rights and interests of defendants and victims. The author believes that the right to prosecute prosecutors can not be indiscriminately affirmed or denied, should be a comprehensive and fair view exemption from prosecution system. (A) Immunization from indictment was created by the prosecutor in 1956 in handling the surrender of counter-revolutionaries and surrendered nationwide. The NPCSC decided that it should be applied to the handling of Japanese war criminals in custody. In 1979, as an important litigation system, it was formally included in the Criminal Procedure Law of our country. Article 101 of China’s Criminal Procedure Law stipulates: “People’s procuratorates may be exempt from sentence or penalty if they are not required to be sentenced in accordance with the criminal law Prosecute. ” Thus it can be seen that exemption from prosecution is a case in which the people’s procuratorate has prosecuted or been forfeited to the People’s Procuratorate upon the termination of the public security organ’s investigation and that the People’s Procuratorate has completed its own investigation. After examination, the defendant’s behavior has constituted a crime, Where the people’s procuratorate proclaims that the defendant is guilty of the crime but does not submit the case to the people’s court for trial, he or she shall not be sentenced to punishment or exempt from the penalty.