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On The Necessary Review System Of Detention

Posted on:2015-04-08Degree:MasterType:Thesis
Country:ChinaCandidate:J ChenFull Text:PDF
GTID:2206330479988718Subject:Law
Abstract/Summary:PDF Full Text Request
Custody refers to litigation in order to protect the safety and smooth operation of all aspects of criminal proceedings, and to take compulsory measures to limit personal freedom suspect. Over the years due to the impact of the investigation centrism and the presumption of guilt thinking practitioners "Enough crime upon arrest, a catch in the end," the phenomenon is very serious. 2012 "Criminal Procedure" In order to alleviate this problem, the need for the creation of a detention censorship. Custody necessity, the necessity of the condition can also be expressed as custody, by definition, refers to the need to review the way involved a review of the case by the prosecution whether the suspect in custody. The purpose of the creation of this system is hoped that through the introduction of prosecutorial supervision, to prevent power being overly abused in custody in order to achieve the "public interest" and to balance the interests of the two aspects of the "protection of the rights of suspects." In order to better implement the necessity of detention censorship, so this has the operational capability more to increase its effectiveness, the author will examine the necessity of legal basis for detention, the lack of legislation in areas such as depth, including Britain, France and three draw similar legal system countries, trying to improve the detention from the necessity of improving the review procedures and institutional aspects of the operation of this new system to conduct a review of thinking.
Keywords/Search Tags:Custody, The necessity of detention, Non-custodial measures, Bail
PDF Full Text Request
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