On Supplementary Investigation During The Trial Process

Supplementary investigation exists in investigation、prosecution and trail. Theory andpractice fields have researched on the first two stages, however, a few discuss about trail.Supplementary investigation has characterize of particularities, which professedly hasrigorous starting procedure, difficult implementation and ending red tap. In fact, it revealscontend between effect and resources consuming, so it deserves to be exploration. This paperis divided into three links: initiation、implementation and completion. By each representingthe operation situation of link, and it would suggest pertinently improvement ideas. Generally,it strives to balance between the truth of finding case and the relationship of suppportinglitigation operation, for achieving punishment of crime and assuring human rights.This paper is divided into four parts, besides the introduction, about30,000words.The first part describes about concept、properties and significances of supplementaryinvestigation. It is an activities that investigative organs and procuratorates recollectevidences after first investigation、prosecution and instituting prosecution, which are based onspecific reasons and legal procedures. Procuratorates have a power of starting supervisingexecute and deciding subsequently procedure, therefore, cases are reversed from trail toprosecution In this period. Absolutely, starting is primarily procuratorate-dominated andcourt-examined, must be assured defendant’s rights. Be good used of supplementaryinvestigation, which could contribute to requiring substantial justice、promoting procedurejustice and advancing litigation process, unifying entity truth and due process.The second part is about starting supplementary investigation. According to thelegislation and judicial interpretation, the startup subjects of supplementary investigation areprocuratorial organs and judicial organs. Reasons of beginning include facts are not clear,evidence of omissions and insufficient evidence in favor of the defendant sentencingcircumstances. The way of startover is that procuratorial organs or judicial organs issueSupplementary investigation outline, with the archives back to the implementation organs.The limit of starting for the supplementary investigation is only two times and each timewould not be over a month, the result of starting for cases to deferred trial and restart the trialperiod after retransferring the cases.“The law is a kind of perfect practice”.When we studythe way to improve staring, we should insist that procuratorate is the mainly starting subject, and it is important to note that court keeps neutrality and it can suitable extend suggestingscope of court. Without doubt, whether the starting power belongs to procuratorate or court,the reasons should be obliged by law and convinced people. The supplementary requirementsshould be conveyed to organs which receive or carry out supplementary investigation, withoutline, be accurate and normative. Make sure they could handle the content and purpose.Concerning times and deadlines, it should take once as the principle, twice as the exception,and set the deadline bases on each situation, and it would be less than on month. It is worthstressing that after supplementary investigation has been completed, it’s not appropriate toanew the time limit for case hearing. Supplementary investigation can become one of reasonsto extend period.The third part analyzes implementation. According to the legislation and judicialinterpretation, it investigated by procuratorates, and investigative organs can assist when itnecessary. At the same time, the information of supplementary investigation should beinformed to detention, detained defendants and defenders. In practice, the major subject ispolice office, the new evidence and material are transferred by courts without filtration. Itreflects that procuratorates would not fully implement the control power. To strengthimplementation effects and transfer effects, it should guarantee procuratorates as investigationsubject, and reinforce supervise and guide, to promote contact between police office andprocuratorate. In the process, it should protect defendants’ litigation rights, especially forvalue of their rights to information as well as application rights of change to compulsorysummons.The forth part is about supplementary investigation ending procedure. Legislation andjudicial interpretation set up to provide three ways of handling after supplementaryinvestigation. Firstly, procuratorate will retransfer cases to court, leading cross-examinationfor evidence. Secondly, procuratorate withdraw prosecution, upholds the decision not toinitiate a prosecution and withdraw criminal investigation organs for reinvestigation andquash the case. Thirdly, court would not transfer overdue supplementary or cases of withdrawprosecution would lead withdrawing treatment. It has few judging by withdrawing claim,therefore, this part focuses on returning to courts and withdraw prosecution. Procuratoratesmust utilize new evidences effectively, the important step is making decisions aftercomprehensive review the case facts, court would not only guarantee defendants’ right ofconfrontation for the returning cases, but also ensure objection of cases disposing. For those withdrawing cases, it suggests to abolish procuratorates’ power of non-prosecution decisionand return to the police office, and give withdrawing cases the force of terminating. At thesame time, procurators should terminate compulsory measures immediately, to make the casesend.