The Investigation Report About The Application Of Reconciliation Before Arresting In The Cases Of Traffic Accidents Of The H District’s Prosecutor’s Office In W City

On March14,2012,the fifth meeting of the Eleventh National People’s Congressconsidered and approved the Criminal Procedure Law of the People’s Republic of China(hereinafter referred to as the Code of Criminal Procedure of2012), in which, there areprovisions about the proceedings of reconciliation of the parties to a case. The height of theCriminal Reconciliation System had been raised to an unprecedented level by these provisions.In practice, the criminal reconciliation has also been determined in the various stages of theproceedings. With regard to the cases of traffic accidents, the application of the systembecomes more apparent. The application of the criminal reconciliation in cases of trafficaccidents has focused largely on the stage of examining and approving arrests. Someprocuratorates have also made some useful exploration and try in the application of criminalreconciliation during this stage, but there are still some shortcomings in the specific operation.Therefore, it is necessary to improve the mechanism of reconciliation before arresting in thetraffic accidents on the basis of those founded problems.In addition to this introduction and conclusion, it is made up for three parts, totalingmore than18000words.The first part is about the basic situation of the reconciliation before arresting in thetraffic accidents of prosecutor’s office of H district in W city. Firstly, the procuratorate of Hdistrict has defined the conditions for reconciliation before arresting clearly. It contains: thefacts of the case are clear, the evidence is reliable and sufficient, there is no dispute betweenperpetrators and victims on the main facts of the crime; the offender repents, admits his/hermistakes to the victim and apology, makes compensation actively; the victim understands andchooses not to presue the perpetrators of criminal responsibility. Secondly, there are2types ofthe reconciliation before arresting in H district: one is the parties reach a settlement on theirown-application mode. This mode is the main form of the reconciliation agreement beforearresting between the parties. Another one is the procuratorate to promote and mode actively.In this mode, the prosecutors won’t interfere the parties’ entities too much. Thirdly, there are2forms for the offenders to fulfill their obligations: financial compensation and apology,without any other forms. The financial compensation is divided into real-time performanceand staging to fulfill. In the cases of staging to fulfill, offenders have to provide effective guarantee which practices mainly in the way of cash pledge. Fourthly, the prosecutor’s officeof H district divided the results of the reconciliation before arresting in traffic accidents into2types: prosecute without arresting and approve the arrest, without the situation that the publicsecurity organs dismiss the case. Finally, since the application of reconciliation beforearresting of the prosecutor’s office in H district, the mechanism has achieved good socialeffects and legal effects.The second part is about the problems in the application of the reconciliation beforearresting. First of all, the scope of the reconciliation before arresting is too broad. Thestandards defined in the Reconciliation before Arresting in Traffic Accidents didn’t mentionabout sentencing. And the result is that the procuratorate of H district had included some viletraffic accidents within the scope of reconciliation before arresting. Second, the rate of thepromotion of prosecutors is relatively low. In practice, the procuratorate usually chooses notto intervene the reconciliation of the parties, the prosecutors usually choose not to participatein the reconciliation process either. Finally part is about whether compensation is a necessarycondition to arrest or not. If there is compensation, there is no arresting. If there is nocompensation there is arresting. This principle seems to be the first principle to theprocuratorate of H district dealing with the cases of traffic accidents. Prosecutors ignore thenecessary review of arresting and choose to base on the reconciliation, the compensation. Thisapproach has many drawbacks, but also the necessity of its existence. Therefore, it needs theprocuratorates to control the degree which can prevent the reconciliation becoming a tool ofreduce a penalty with money.The third part is about the structure of the reconciliation mechanism before arresting intraffic accidents. First of all, is to clear the situations to the applications of the reconciliationbefore arresting in traffic accidents. The objective conditions are that the facts of the case arebasically clear. The subject conditions are that the offenders pleaded guilty and repentant,both parties engage reconciliation voluntarily and the victims try to understand.Secondly, is toregulate the applicable procedures of the reconciliation before arresting in traffic accidents.The specific procedures of the mechanism includes: the start of the program, the agreementreached, the review and the performance, the last treatment of the procuratorates.Lastly, is toimprove the supporting mechanisms of reconciliation before arresting in traffic accidents. Oneis to establish a national rescue mechanism. The implementation of a state aid needs to set upa certain applicable standards and procedures. Another one is to establish mechanisms of synchronization oversight which includes the improvements of the external supervision andthe strengthening of the internal oversight.