A Study On The Right To Criminal Speedy Trial

The right to criminal speedy trial means: the accused has the right to require the rapid trial within a reasonable period, and its scope includes both the pre-trial investigation stage of the prosecution and the trial and sentencing procedures. The right to criminal speedy trial not only can protect against the interests of the accused by avoiding rapid long-term pre-trial detention and the defendant’s defense capability but also can preserve the interests of justice, save the judicial economy, and promote economic litigation thus to protect the public interest.As to the existed time of the right to criminal speedy trial, different countries have different requirements. The right to criminal speedy trial always begins with charges, it refers to the specific charges to the court and the investigation and arrest of the suspects. About the final stage of the right to criminal speedy trial, Europe is generally limited to the effective judgment, and the United States is generally limited to the trial beginning, but in recent years the United States gives citizens the right to speedy trial in the sentencing process and appeal procedures. Some special circumstances which are beyond the control of countries should be excluded the right to speedy trial.How long the proceedings’ delay will infringe the right to criminal speedy trial? What is the "speedy trial" ? For this question, many countries have developed two measurement and examination rules through explorations: First, the Balancing Test, it means whether a trial is delayed or not, it should be determined by a variety of factors; Second, the Time Rule, it refers to that the prosecution should be carried on in a certain period after the accused enjoys the right to speedy trial, otherwise it will infringe the right to criminal speedy trial."No relief, no right". There are mainly three ways for the relief of the right to criminal speedy trial from the national legislation and judicial practice: First,the preventive remedy, it means taking some accelerate measures to avoid more serious delays in the proceedings when there will be delays; Second, the compensatory relief, that’s to say the remedies for the delay found during and after the trial, it includes financial reimbursement 、 commutation of sentence、terminating of the proceedings and so on; Last is the professional discipline, that’s professional discipline to the person who is responsible for the delay.Currently, there are still legislative and system defects in the construction of our time period system、summary trial procedure and the trial level which is contrary to the spirit of the right to criminal speedy trial, so the fact that the accused can enjoy this right has become urgent and necessary. Therefore, in order to promote the process of rule of law in China, we need to learn and absorb the theory and experience of the speedy trial, established the system of speedy trial and improve human rights protection mechanisms of the criminal defendant.