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免予起诉制度是指检察机关自行侦查终结的案件或对公安机关侦查终结移交的案件,经审查认为被告人的行为构成犯罪,但被告人罪行较轻,有悔改表现,或者虽然罪行较重,但确有显著悔罪,立功表现而作出的不移送人民法院审判的决定。免诉制度是我国检察机关对起诉酌量处理的一种特殊权力,是我国刑事诉讼制度的一项特有制度,并被誉为是我国“独创的东方经验”。免诉制度到底是对还是错,我们认为有必要就免诉与免子刑事处分作一番比较,不难看出两者有其惊人的相似之处:(1)两者适用主体相同,都是用于适用具有刑事责任行为能力的自然人;
The system of immunity from prosecution refers to cases in which the procuratorial organs themselves investigate the termination of the case or the case where the public security organs investigate the termination of the case and are found to have committed crimes after the investigation, but the defendant is guilty of minor crimes and repentance, or although the crimes are heavier, However, there was a clear decision of repentance and meritorious performance not to be transferred to a people’s court for trial. The system of immunity from prosecution is a special power that the procuratorial organs of our country discreetly handle prosecutions and is a peculiar system of criminal procedure system in our country and is praised as our “original Oriental experience”. It is not difficult to see that there is an astonishing similarity between the two: (1) Both apply for the same subject, both are For the application of criminal responsibility of natural persons;