Ie: can not prove guilt of the accused can not prove the defendant guilty of the cases, the presumption of innocence of the accused. the legal amount of re-coordination and poise. Concerned about the protection of society, the protection of inhabitants and respect for human rights, it is the modern civilization and progress of the criminal justice important landmark.
directory
relevant principles of suspected crimes from unprincipled in the application at all stages of criminal proceedings (a) the trial phase (b) the prosecution phase (c) the investigation stage suspected of innocence is relative. never crime from the unprincipled, also known as Presumption of innocence of a derived standard. As the existing evidence can not prove the prosecution of the defendant's criminal perform, can not be completely ruled out the prosecution of the defendant carried out the prosecution of crime suspects, according to the presumption of innocence, and legal proceedings from the presumption of innocence of the accused to be prosecuted to end the legal principle of legal behavior.the Conflict
suspected crime from unprincipled in entire stages of nefarious proceedings, the applying of nefarious proceedings because the inquiry, prosecution, trial of 3 stages, the Criminal Procedure Law of the suspected guilt from unprincipled in the three provisions applicable apt each phase of a alter approximate, these treatment differences are rational, merely there are also lacking Hom. The trial stage namely a typical application of the Conflict stage, the prosecution period the prosecution the freedom to select the rule of doubt of naturalness applies to the rights seemly to the inquiry stage of the suspected crime without production explicit that from the unprincipled, can be applied, how to apply the essential By statute ahead and behind the logic of reasoning to derive. [1] (a) the trial stage of China's Criminal Procedure Law Article 162 (c) provides that judgments. Code of Criminal Procedure Article 171 (c) provides that carry out the crime the suspect's extravaganza from the unprincipled. According to Article XII of the Criminal Procedure Law, is the preferential rights, the prosecution has the right to enjoy the innocence resolute). Suspected crime has been by the trial stage from the unprincipled and thoroughly carry out not doubt. (B) the prosecution phase of the Criminal Procedure Law Article 140, paragraph 4, authorities tin no supply to enjoy the right to plea that is base criminal, the discipline of this right that is applicable to the crime surmise from unprincipled. It ought be famous that, not to prosecute merely This manner that the applicability of the crime surmise from the unprincipled, the prosecution is entitled the right to choose. Of lesson, Throughout the prosecution of some provisions of the law, basically for the prosecution to cater that merely in quite special circumstances meet definite conditions before they tin not prosecute, and only So, (C) applies to suspect the investigation phase of the crime investigation agencies from the unprincipled relatively ambiguous lawful basis: (1) China's nefarious facts are clear, there is affluent certify. ... ... (2) Article 74 provides that can be released aboard bail alternatively residential surveillance. (4) Article 58 paragraph 2, pending trial or residential surveillance. From the provisions of joint relations, we can suspect from the unprincipled application of the possibility of the crime suspect: the end of the case is necessitated to accomplish the investigating authorities, authorities for checkup and prosecution. As the proceedings can not begin the next, then in fact applicable to the suspected crime from the unprincipled. Investigating authorities to dismiss the case because requirements. [②] Therefore, strictly speaking, to bail or under surveillance, to be loosened ashore bail or below surveillance at the expiry of auto revocation of case processing. The end result is the lack of evidence of suspected crimes cases or authorities in the investigation has been aborted. The on reasoning shows that the suspected crime from unprincipled in the investigation stage is applied. However, the paucity of express provision of decree applicable to the crime suspect from the unprincipled fully dependent on the period of the investigation or detention, so this applies to only a passive application, the investigating authorities do not must apply the principles of the initiative. Suspected of innocence is comparative, Therefore, this innocence only Therefore, the criminal has been acquitted because of not enough evidence after the bulletin, whether made authentic and ample evidence to prove his crime, still be subject to criminal penalties. This is to defend the private interests at the expense of social order, social and public interests salvage economy, is equitable retrace. China's Criminal Procedure Law reflects the suspected crime unprincipled Zhong from law the provisions of Article 145, the victim refuses to approve the determination not to prosecute, the prosecution can appeal a higher level, the apply for prosecution, if the prosecution maintained the determination not to prosecute, the victim can be the people's court; prosecution if the complaint has been taken satisfied, the decision not to prosecute wconsist in ...drawn, the prosecution ought be prosecuted. The victim may not complain instantly to the people's tribunal. People's courts, the decision not to prosecute a normal decease. 2, in the prosecution made the decision not to prosecute, if you detect fashionable facts and evidence can be re-prosecution. Second, the terminal judicial decree of guilty under definite conditions is still not final, in: According to (c) provides: Relative crime suspect not determined in a way, conservation of person rights and maintaining social order of the clash, the conservation of the interests of the individuals in society to achieve the maximization of social and public interests. This relative eliminates the judiciary in the application while the suspected crime of refutation from the unprincipled, to prevent the judicial practice of criminal indulgence and masqueraded for alarm of crime from a suspect interlocked to the implementation of the phenomenon. Relative crime suspect from the unprincipled never be a useful addition to the suspected crime from unprincipled in the application process reflects the increasingly sophisticated. The reasonableness of the existing legal provisions, and legislative suggestions absence the legal threshold at the trial stage, the prosecution stage, the investigation stage from the unprincipled application of the crime suspect, there is thoroughness, have a proclivity to selectivity and passive differences, this feud is not legislation by negligence, but in our current political and economic location and legal backdrop, the difference have to be maintained. In other words, this difference has to be reasonable: criminal investigation, prosecution, trial, however the three stages of department of labor, but it is co-ordinated, connecting attach to achieve disclose the crime, confirmed the crime, the discipline of crime task . Although the conclusion of the investigation, prosecution, verdict on the evidence requirements are authorities not to prosecute, judicial acquittal of the case, that all cases of lack of evidence in the investigation authorities should already be terminated. Evidence does not do the full, because crime has a secret, complicated and non-reproducible, evidence of exposure to another conditions, investigative techniques and technology have limits, investigators subjective limits, man-made or natural factors resulting in wastage of evidence, and so on. For the suspected crime may be leaving with the stage of the proceedings of the in-depth ample evidence to win, accordingly excluding the suspected crime of Even if the end is still insufficient evidence for the judiciary, it can be said that the best exertions. Applicable to suspected crimes at the expense of social order from the unprincipled to the cost of the investigation and evidence collection exertions in the more stage of the proceedings for the more complete, fewer. This is not entirely on our implementation of the legislation from the unprincipled ecology of the crime suspect reasons. This is not thoroughly carry out the crime the suspect is from a significant lack of Hom unprincipled, and bear the brunt of the spend of litigation is a colossal consume. Second, is not conducive to state investigation and judicial officers to certify crimes, raising the class of technology and improvement. As the investigating authorities apply to the crime suspect from the passive and unprincipled prosecution tendentious selectivity, resulting in judicial practice, very few cases of lack of evidence in the investigation authorities closed the prosecution also generally tend to choose to prosecute, the found guilty are handed over to the judicial mission, and afterward the formation of most of the Even if the lack of evidence, investigation, prosecution submissions in the examination and prosecution, indictment and additional related instruments ambition wrote When the migrate has a legal manner, the marrow of harm is a violation of investigation, prosecution, judicial rule of division of responsibility, resulting in the go of the buck-passing. In the legislative proposals, I believe that with the development of society and the legal system of perennial improvement, thoroughly implement the Code of Criminal Procedure should be suspected in the crime from the unprincipled. Completely true or not related to the aptitude to melodrama the advantages of this principle, related to the protection of human rights is merely a slogan in the form of speak. Strictly adhered to the principle requires that: the prosecution, the the right to be retreated. The only way to assure the investigation, prosecution and judicial equality can truly apply, Of way, undeniable that China's suspected crime or from the unprincipled for the current legislative status of national conditions and strength of the existing economic situation, the principle applies only emphasizes the thoroughness of a drilling suspected, not necessarily receive a agreeable social effect. As a result, not only is not to aggrandize the protection of human rights, but is more to indulge in the crime. Doubtful from unprincipled in China is still at a cheap class stage, but with the legal system of continuous promotion, thoroughly appliance the unprincipled but the common trend from the suspected crimes. In short, the establishment of suspected crime from the unprincipled, our criminal system is a big step forward, it highlighted the need for criminal suspects and defendants the right to protection is an momentous meter to discourage miscarriages of righteousness. China's suspected crimes of the current application from the unprincipled access reflects the necessary content of the principle, persistent with our status quo, but also has considerable chamber for evolution. As society advances, the suspect from the crime will be increasingly unprincipled convenience into full play. Western Roman law provided a Doubtful from unprincipled in the bourgeois Enlightenment thought for a principle put amenable. July 1764, the Italian Penal Code Pok family Beccaria's methodology put forward the conception of speculation of innocence: compact, society can not delete his public protection. German criminal suspect in the crime of CD using the principles of light. Common law and other countries mention there is no doubt of innocence, but the reference to suspected crimes. Ancient servant criminal law provisions generally take a lighter on the suspected crime, from the amnesty approach. In the Xia Dynasty, the legislators made the crime on the suspect, The premier records of archaic writings is suspected of the crime, Zhou suspected crimes law to implement the principles from the amnesty; to the Tang Dynasty, a criminal suspect's crime management principles have been institutionalized and standardized. Song emulated this prerequisite. Ming code cancel the pertinent provisions of the Tang Dynasty, the jail must be re-escalation to decide the suspect, along the dictator verdict. Follow that system of the Qing Dynasty, where suspected crimes should be reviewed another to verify, to the emperor determined, autumn trial, the trial of suspected criminals push, behind to the trial body retrial. Huangzunxian in its investigation; Supreme People's Court November 4, 1989 in the find out the facts of the indictment professed the defendant and to cater sufficient evidence, the court can not verify the investigation, the defendant can not be base guilty, the ruling to explain the situation, the outright declaration of innocence Ministry of Justice, December 13, 1989 in the the truth that, along to the law in a timely style to handle the defendant guilty, the accused is not guilty verdict. When you make the lack of evidence, the declared offender can not be established in acquittal. People's Court for lack of evidence, can not be found guilty, he shall make a lack of evidence, the charges against the guilty verdict can not be established. significance of the role of is: we can not prove the crime of the accused, can not prove that the defendant not guilty of the cases, the speculation of innocence of the accused, if in the United States 'legal literacy' conception, then the sensation of Simpson's alleged murder case during the long trial , and the final guilty verdict, called a successful legal training today is still talked about by human while speed up people When one de facto criminals because the consequences of acquittal. like maximum Americans believe that Simpson did assassinate his wife and her boyfriend,webdatasolutions.net, because pay big bucks to go to a good attorney, there are flaws in the police treatment the case, afterward he does not bear criminal duty. People criticized the police handling the case ill, the prosecution alleged needy, no one questioned the jury's verdict, which is this publish of lighter people, because Typical cases are on the Simpson murder case, the trial lasted one annual and three days in China, although he typically the case with the case, millions of pro-伕 Paul Yan murder case, she had 2 brothers suspected of Murder suspect case by case is acquitted of the crime from a typical case of unprincipled Simpson was the sixties and seventies the United States an conspicuous olive cones players,8993.org, retired to become a famous TV show host and television amphibious star, he incompatible with the white wife Nicole for many years, and has repeatedly abused his wife corporal punishment disc of March 1992, Nicole inquired for a divorce, and get court approval after the divorce, they persist alive together, Simpson has not stopped the violence, 1994 June 12, Simpson's ex-wife and her boyfriend Nico GoldmanSimpson
home in Los Angeles, either were slew. After the episode, the police first identified the murder suspect OJ Simpson is the police of the Simpson's residence searched and found the same blood type with the deceased's blood, as well as mittens, shoes, cones and other traces of the scene and consistent evidence in the Forensic Department has also been answered in the affirmative. June 17, 1994, Los Angeles police judged capture Simpson Simpson fled, police used land and wind unit police officers chasing two suspects. evening, Simpson surrendered to the police. In January 1995, OJ Simpson trial. ward advice is responsible for the case of alleged police officer had accustom an insult to black words; police station was also expressed for racial presupposition, deliberately frame framed Simpson, artificial evidence in the Simpson trial the prosecutor asked the court to wear mitts found at the scene, because the result is too small to dress gloves. defense counsel loopholes in the prosecution evidence of bombard, particularly against the defendant to wear hand gloves are not into the blood, while the witness is a racist onset to battle the credibility of the evidence, the prosecution did not accentuate enough evidence, the jury found the accused guilty. Although the police is sufficient to prove that Simpson killed mastered his ex-wife and her boyfriend of evidence, but they make the case more room production. October 3, 1995 at midday, the jury announced that the defendant not guilty. The trial lasted one year and three days, although he case February 24, 2003 morn, the 22-year-old Xiangtan Linfeng small Pok melody educator, although he was found undressed tiny Pok died dwelling of its work, the scene left a semen toilet paper group, after identification of its appetite to wreck up boyfriend Jiang Junwu the left. Xiangtan City, Hunan Public Security Bureau Public Security Bureau and Department of suffering from cardiac autopsy, although he recognized lead to keen heart disease, sensitive, respiratory failure death. dissenters rejected this household cremated the body. June 2, 2003 Jiangjun Wu anchor was criminal, was arrested on July 8. August 1, Jiang was Xiangtan Municipal Public Security Bureau on suspicion of rape (suspension), Xiangtan City Procuratorate for examination and transfer of the crime charged. August 14, 2003, Zhongshan Pok forensic heart identification that: fatal lack of evidence. case, although he has done five times body checks, six died identification, identification results are different each time. Xiangtan City Procuratorate final result with a third identification, this identification was concluded that, although he was due to pulmonary infarction occasioned by acute respiratory and circulatory failure died 2004 in mid-March, Jiangjun Wu was released on bail. March 22, 2004, the Department of Justice forensic specialists rushed to the center of Xiangtan, although he burned specimens of organs, because the chief evidence paused to exist in April 2 termination of identification. August 2, 2004, the Supreme Court to make forensic forensic megalopolis is: who, although he identified the latent pathological alterations in the root, because Jiang Junwu a more special manner of sexual activity precipitating death . December 7, 2005, Yuhu District Court case. grounds of insufficient evidence of first example sentenced the accused Jiang Junwu guilty. Xiangtan City Intermediate People's Court after also made the final verdict upheld. Paul Yan Jin million pro-murder伕 case using the trial of suspected crime cases from the unprincipled 2003 Dengmou husband 伕 Zengmou died in fish reservoirs, the tolerate with sleeping pills are deng, the insured human is Cengmou Yan, the successor is 伕 wife two. They 伕 wife bad sensibilities, and in 2002 bought a great digit of Dengmou diazepam. Dengmou conceded after interrogation, together with its sister 伕killing husband 伕. November 26, 2003, in Guangzhou City Intermediate People's Court Dengmou intentional homicide and two counts of fraud protection Yan concurrence of the death discipline, his sister 伕 of intentional murder punishable by death. They refused to accept all Guangdong level to the Court of Appeal, September 9, 2004, the High Court to the fact that the ruling is unclear, the lack of evidence back to the Guangzhou Intermediate People's Court re-trial. December 16, 2004, the Guangzhou Intermediate People's Court listening the case again. trial, deng overturn the before confession of guilt, confession does not even recognize their own signature. The other defendants also confessed that he only witnessed the whole process of killing Dengmou the Court that: The prosecution alleged Dengmou guilty of intentional homicide, Paul Yan fraud, his sister 伕 guilty of intentional homicide of insufficient evidence, allegations of not guilty, two were declared not guilty. two brothers suspected of killing his wife Wang potentially fraudulent use of suspect cases from the crime unprincipled trial cases. February 25, 2003, Wuhan City, a rental a gas poisoning, killed a 27-year-old Gui. scene skylights and gates closed, the soup is simmering on the stove dry. about the funeral, the A husband 伕 Wang Gui II (a pseudonym) to China's Ping An insurance Xian Wuhan Branch, Wuhan Branch of China Life insurance Yan demand because it had been his brother invested 2.3 million yuan for his wife to buy private chance Yan in peace assured 1.15 million yuan, 491,000 yuan in the People's Insurance scope, totaling 1.641 million yuan. After an investigation, two Paul Yan's death a homicide that may Gui, reported the matter to the Public Security Bureau, said the brothers are suspects Wang 2003 March 5, Wang brothers were both criminal nail. July 29, Wang Brothers May 23, at 7 pm to 8 pm the evening of 24 during the incident, she had brothers talk frequently, and occasionally the call ends less than 3 minutes, on text messaging. and confirmed Wangxiao communication call situation Hanzhengjie occurrence within the site in more than four hours of first instance trial, the Wang brothers have been retracted, and innocence. after the appeal June 4, 2004, Hubei Provincial High Court to sentence a court listening the case, that protest grounds is tough to set up the first-instance court found that Wang's brother guilty of assassination in fact illegible, evidence insufficient. the hospital permission to withdraw protest Provincial Procuratorate, and sent the case back to the Wuhan City Intermediate People's Court re-trial. Wuhan Intermediate People's Court for rehearing, Wang brothers still finds convicted of intentional homicide, but they exchanged to life imprisonment and deprivation of political rights for life. Wang brothers once again appeal to the Hubei Provincial High Court. handing out punishment by the Second Chamber of the trial of the case that the Gui Yong erythroid carbon monoxide poisoning facts are clear, but existing evidence does not entirely prove that the death of his brothers as Wang Department of Hubei Provincial High Court, according to Zhao law, to lack of evidence, the alleged offender can not be established on the grounds, declaring Wang Brothers guilty. References 1crimes and suspected crimes suspect from the unprincipled Study Author: Li Lihua
http://www.chinacourt.org/html/article/200612/26/228560. shtml
Open Category: law, principles of justice I must enhance
没有评论:
发表评论