No Approval Of Arrest Investigation Report

Not approved the arrest of the powers of the Constitution and laws of the prosecution, it is to check the authority to supervise the activities of Investigation, an important means of protection for suspects, accused of human rights. Currently, the main exception to the rule of law are in custody as a criterion, but in our judicial practice, the arrest and detention are not separated, approved the arrest as a compulsory measure is widely used, as an example not to approve arrests detention and did not get the attention it deserves. Which led the author of Reflections practice not approved the arrest of the work of running.Research situation of the article, the author of G Provincial P District Prosecutor's Office and the S provinces W District Prosecutor's Office in 2013 and 2014 does not approve arrests in order to observe the object, sample areas do not approve arrests in accordance with the applicable conditions are classified as not a crime not catching cases, lack of evidence of arrest cases and no arrests does not necessarily capture the case, respectively three cases cause of action and no reason to arrest statistics, combined with internship experience procuratorate reconnaissance oversight Section presented various cases exist in the process of handling The problem. First, the author of all the sample areas in 2014 did not constitute a crime statistics do not capture the case, found that the circumstances are obviously minor, do not think that the case does not constitute a crime, the highest proportion of fishing category, is applicable not constitute a crime not catch the main reason. The author believes that the reason that the investigating authorities and the prosecution in some cases, understanding of the elements of the crime is not uniform, at the same time, the investigating authorities for the completion of combat tasks considerations, will catch the suspects were all reported, including the circumstances of the crime are obviously minor suspects. I found in practice, inspection bodies at the crime does not constitute capture procedure applies, there is no substitute to withdraw the case does not constitute a crime decisions of the catch. Secondly, I caught a case of lack of evidence random sample survey, found in the transaction, evidence of a crime can not conclude that subjective intent is applicable not catch the main reason for lack of evidence. Criminal law requirement that is part of the criminal suspect's criminal conduct objective there is sufficient evidence, but also to prove that the suspect has deliberately in order to achieve the standard of proof subjective, but to master criminal investigation authorities in this kind of offense constituted lacking, thus making such charges due to lack of evidence of subjective intent can not reach the standard of proof. Use of this procedure in such cases there is a problem: the investigating authorities to allow evidence defect correction at any time, not to lack of evidence after the arrest decision, the investigation organ for supplementary investigation, lack of motivation, lack of evidence does not catch a lot of such cases have long been shelved again Daily catch rate is very low. Finally, the author no arrest does not necessarily catch a random sample statistical categories of cases, prosecutors found Striving for fear of the wrong reasons, at the time of arrest does not necessarily apply to non-fishing conditions, is more on the suspect's own case considerations, and rarely from the severity of the crime, and ensure the smooth progress of the proceedings and the suspect re-offending angles to identify whether the arrest is necessary, therefore, suspect the main reason for non-use is not necessary to arrest when caught itself in stable condition. When present in this type of case in question, since the law on social conditions specified risk insufficient, there exists no arrest necessary to grasp inaccurate.The author of the article research and analysis on the issues raised in an upper portion of the combined survey data cause analysis. It found that administrative review procedures of arrest and prosecution of, configuration sin upon arrest influence attitudes, the impact evaluation mechanism and supervision of the public security organs to make up reconnaissance work hard to disapprove an arrest applicable to produce a certain extent. In the research recommendations of the article, based on the above analysis, we believe should enhance the participation of the suspects and their defense lawyers to review arrest procedures, improve the appraisal system of public security organs and procuratorial organs, no arrest necessary for the conditions applicable to refine row That catch mechanism thereby preventing crime, strengthen the supervision of the investigating authorities make reconnaissance work countersigned by the public prosecution system.