论文部分内容阅读
按照我国现行法律的规定,犯罪嫌疑人、被告人死亡后,刑事诉讼程序即告终止。但这种处理方式将会导致一系列难以解决的后续问题。被追诉人死亡后,如果其犯罪行为牵涉到财产刑或者资格刑的,仍有继续追究其刑事责任,对之进行缺席判决的必要,毕竟刑法所规定的附加刑也是其依法所应承担的刑事责任的一部分。因此出现被追诉人死亡的情形后,应对涉及到非法财产处理问题,被害人附带民事诉讼问题,共同犯罪问题及判处附加刑问题的刑事案件进行缺席审判。缺席审判时,必须由辩护人代理缺席的被告人在场,案件审理结束后,对于无罪的被告人要宣判无罪,以证明其清白,恢复其名誉,确认其所应享有的合法权益。对于有罪的被告人,法庭仍然应当在查明案件事实的基础上,依法判处被告人刑罚。被告人依法应被判处主刑的,基于其已死亡的事实,应当同时宣布该刑罚因被告人死亡而不再执行;被告人依法应被判处附加刑的,则应在判决生效后依法执行。附带民事诉讼的赔偿也应在判决中载明并在判决生效后执行。
In accordance with the provisions of the existing laws of our country, after the death of a criminal suspect or a defendant, criminal proceedings are terminated. But this approach will lead to a series of difficult problems to be solved. After the death of the recovered person, if his criminal acts involve property or qualification, there is still the need to continue investigating his criminal liability and to make a judgment in his absence. After all, the additional penalty provided for by the criminal law is also his criminal responsibility according to law a part of. Therefore, after the death of the accused, the trial of absence should be conducted in criminal cases involving the handling of illegal property, the victims’ incidental civil litigation, the crime of common crime and the sentence of adjunct. At the trial of absence, the accused absent from the defender’s presence must be present. After the trial of the case, the innocent accused shall be acquitted of innocence to prove its innocence, restore its reputation and confirm its legitimate rights and interests. For the guilty accused, the court should still sentence the defendant according to the law on the basis of ascertaining the facts of the case. If the defendant is sentenced to be the principal punishment in accordance with the law, he shall at the same time declare that the penalty is no longer enforced because of the defendant’s death. If the defendant is sentenced to an additional penalty according to law, the sentence shall be executed legally. The compensation for the incidental civil action shall also be set forth in the judgment and executed after the judgment is in force.