论文部分内容阅读
“附条件逮捕”是制度的名称而已,即便容易引起误解也不应当“因名废实”。针对“重大案件犯罪嫌疑人”适用附条件逮捕的依据是《人民检察院审查逮捕质量标准(试行)》,其正当性依据是基于比例原则在控制犯罪和保障人权二者之间价值权衡的结果。文本所指的附条件逮捕的证据标准为尚未达到刑事诉讼法规定的逮捕的定罪条件,通过继续侦查可能取得的定罪必需的证据才是附条件逮捕的定罪要求的“附条件”。附条件逮捕的适用条件、适用程序和案件适用范围,必须坚持严格限定的原则,不得任意扩大。
“Conditional arrest ” is the name of the system, even if easily lead to misunderstanding should not be “invalidated by name.” The basis for the application of conditional arrest is “the People’s Procuratorate examines the quality of arrest (for trial implementation),” which is based on the principle of proportionality in the value trade-off between crime control and the protection of human rights result. The standard of proof attached to conditional attachments in the text is the conviction that has not yet been met for the arrest under the Criminal Procedure Code, and the evidence necessary for the conviction through continued investigation is the “conditional” of the conviction for conditional arrest. The conditions for the application of conditional arrest, the applicable procedures and the scope of application of the case must be strictly limited and shall not be arbitrarily expanded.