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我国司法实践中出现的以撤回公诉代替法院无罪判决之现象,严重损害了司法的公信力,制约了刑事辩护制度的发展,侵犯了被告人的合法权益,浪费了司法资源。为使我国撤回公诉的运用回归理性,有必要借鉴域外相关制度,在刑事诉讼法中规定:除非被告人同意,检察机关不得以证据不足为由撤回公诉;撤回公诉的时间限于第一审合议庭评议之前;撤诉后只有出现“新的重要证据”时才能再起诉。
The phenomenon of withdrawing public prosecution instead of court’s innocence appeared in judicial practice of our country has seriously damaged the credibility of the judiciary, restricted the development of the system of criminal defense, violated the defendants’ legitimate rights and interests and wasted the judicial resources. In order to make the application of withdrawal of public prosecution in our country return to rationality, it is necessary to draw lessons from the relevant extraterritorial system. In Criminal Procedure Law, it is stipulated that prosecutorial organs shall not withdraw public prosecutions on the ground of insufficient evidence unless the defendant agrees; the time for withdrawal of public prosecutions is limited to the review of first instance collegiate bench Before withdrawing a complaint, only “new important evidence” appears before prosecuting again.