论文部分内容阅读
量刑建议是检察机关就被告人应当判处的个体刑罚向审判机关提出的意见,是求刑权。而在实践中,检察机关对公诉权的理解和认识存在一定的误区,表现为在刑事诉讼实践中,检察机关在行使公诉权时,只注重行使定罪请求权而缺乏量刑请求,实际上这样做并没有全面行使法律赋予的公诉职权。刑事诉讼的中心任务在于解决刑事被告人的刑事责任问题,而提出求刑权应当是公诉权的应有之义。提起公诉的目的不仅仅是确定被告人是有罪还是无罪,实质上,是犯罪就必然伴随着追究刑事责任,就应当按照罪刑法定原则处以刑罚。
The sentencing suggestion is the opinion that the procuratorial organ puts forward to the judicial organ on the individual penalty that the defendant should sentence and is the power to seek punishment. In practice, the procuratorial organs have some misunderstandings on the understanding and recognition of public prosecution rights. In the practice of criminal procedure, the procuratorial organs only pay attention to the exercise of the right of conviction and lack the sentencing request in the exercise of public prosecution rights. In fact, Did not fully exercise the power of public prosecution. The central task of criminal procedure is to solve the problem of the criminal responsibility of the criminal defendant, and to put forward the right of seeking punishment should be the proper meaning of the right of public prosecution. Prosecute the purpose of prosecution is not only to determine whether the defendant is guilty or not guilty, in essence, the crime is bound to be held criminally responsible, it should be punished according to the principle of legality.