The Analysis Over Plea Bargain In Functionary Crimes Case

Crimes Investigation Debate trading post crime investigation in our common practice, but such behavior is rare. I selected surveillance debate whether the transaction should establish a system to regulate to prevent the transaction problems, and other basic problems with the judicial practice to explore, hoping to promote on the job-related crimes investigation and debate Transaction development, for our duty crime investigation system construction and norms modest contribution of this paper consists of three parts.The first part of the investigation and defense trade overview of job-related crimes. Crimes committed within the meaning of this transaction is an investigation and debate crimes committed in the investigation stage, the investigation organ in order to not file a case, given the circumstances and other conditions in exchange for sentencing the defendants to cooperate in the transaction form. Investigation and defense trade fair values of justice, it cost less for the punishment of such crimes to ensure a relatively Justice. Investigation debate transaction is consistent with the idea of judicial efficiency, its greatest effect is to make the effective combat of crime and punishment, saving judicial resources. Investigation and defense trade in line with the Criminal Law of the requirements, detection by authorities and transactions made between the relative who usually have relatively mild treatment, reflecting the punishment "severe penalties than their detente" Modesty requirements. By introducing the system of plea bargaining and plea bargaining from the investigation and defense trade with the procedural requirements of both, the starting point and purpose, object and relative man, content and scope of the implementation process, supervision, and legal consequences of the ownership of different aspects of these five contrast, further investigation and debate to clarify the content of the transaction.The second part of the Plea Bargaining in the status quo. Investigation and debate since the practice of trading in the common country, but the formation of the system or have written materials are few. In view of this, the author first introduces the main foreign trade of the United States system of investigation and debate, namely: the evidence of criminal exemption system and mandatory system. U.S. Federal Bureau of Investigation is investigating the implementation of job-related crimes, mainly the implementation of plea bargaining, prosecutors introduced a special department of their duties to investigate crime, the prosecution generally deal with the relative in the investigation phase is complete, transfer the case to the prosecution authorities to achieve the general facts are clear sufficient evidence requirements. Investigation of crimes committed in the practice, including investigation and defense transactions to identify the conditions of surrender as the circumstances of the transactions related to sentencing; to felony or misdemeanor exchange conditions reduce the number of crimes related to the transaction charges; to not deal with illegal behavior for the conditions of the transactions related to illegal; and as a condition of not filing four cases the transactions. Investigation and debate for the introduction of trading system at this stage, there will be some problems. First, the introduction of trading could make some investigation and debate on the relative trading investigation and debate as a bargaining chip, resulting in the abuse investigation and defense trade. Second, the current Criminal Procedure Law of China has not given such as the relative silence, questioning the presence of counsel and other rights, the status of parties to the transaction does not exist, etc., may damage the investigation and debate the relative transaction's interest. Again, the investigation and debate whether the transaction can be legally recognized, whether the transaction to be effective. In addition, the scope of investigation and debate how to define the transaction, who is also a very effective monitoring of the problem.The third part of the criminal investigation in the introduction of job-related crimes, "Investigation debate transaction" scenario. Transactions are generally used in the investigation and debate the relative's confession and some with critical in the case from the cases, and forensic evidence is large or very difficult, requires a lot of people have return on investment is very small even in cases may not return in. But for serious crime, criminal nature of bad cases, the facts are clear, the evidence is reliable and sufficient trading cases and the cases do not agree with the victim should not be or shall not apply. Investigation debate transactions should be followed: the principle of voluntary transactions, exemption limited the principle of proportionality, the principle of good faith, in running the program, the first by the investigators to determine the need for investigation and analysis of trading transactions and the need for debate, fill out the "deal of investigation and debate the report" Traffic Attorney General in charge of examination and approval. Parties to the transaction have agreed to immediately enter the transaction after the transaction negotiation phase. Consultations after approval by the Attorney General in charge of the implementation phase into the transaction. Investigation and debate in the establishment of the specific steps Coushang transaction, we must first establish a good legal environment as a basis, the implementation of questioning the presence of counsel to provide legal assistance system to ensure that suspects were not forced to consider themselves against himself, suspects and witnesses to improve the legal status. Second, the exemption from the pilot system of a tainted witness, and criminal immunity responsibility to start and gradually build to adapt to the needs of judicial investigation and debate real trading system. Transactions with the implementation of surveillance in the case of debate, first proposed in the appropriate areas, "Crimes Investigation debate transactions" experimental work, pilot work for the sum up the problems in the amendment, and then to promote other parts of the country. In carrying out investigation and debate the case of the pilot trading system, should grasp the scale of transactions applicable, from the investigation and defense system to prevent abuse of the right deal.