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Sue Link A Plea From The Build Of A Program

Posted on:2019-09-09Degree:MasterType:Thesis
Country:ChinaCandidate:W L ShengFull Text:PDF
GTID:2416330545465979Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
The leniency procedure is an important part of criminal procedure,and it plays an important role in the rapid conclusion of criminal proceedings.At present,our country's criminal case to the judicial organs in a wide range of pressure increasing,on the one hand,in order to make the criminal trial of quick end,on the other hand,in order to more fair,shall be investigated for criminal confess it is necessary for our country to prosecute link forfeit from the program,to be perfect to achieve unity of efficiency and justice value.The first part of this article from the perspective of multiple,pleaded guilty to define the meaning of greater forfeit,pleaded guilty to not only requires the criminal suspect the defendant admits his crimes,and also requires truthfully confesses the details of the crime,forfeit their refers to the alleged crime have no objection,agree with procuratorial organs of sentencing suggestion,from not only contains greater entity sentencing,also contains procedures for easy handling.It is the embodiment of the spirit of judicial tolerance in our country and the institutionalization of the criminal policy of the leniency of our country,which is conducive to the construction of a non-confrontational pattern of criminal litigation.Forfeit pleaded guilty at the definition of the specific meaning and meaning from the program,the this article second part,from the perspective of the prosecution link,explore greater forfeit pleaded guilty at the prosecution link building program,the significance of the prosecution,pleaded guilty to the construction of greater forfeit their application is helpful for the implementation of the criminal suspect of the effective protection of defendants' rights,conducive to the rational configuration of judicial resources,make limited resources to maximize the value of,and also realizing the pre-trial case reasonable divergence,make different criminal case applicable criminal procedure,realize the diversion of the program.Greater pleaded guilty to prosecution in analysis to forfeit their program after the significance,in the third part,this paper has a detailed probe into the countries outside of the relevant system,including the American plea bargaining procedure,French court pleaded guilty before the program and German criminal punishment procedures,draw lessons from these institutions reasonable,for our greater pleaded guilty to prosecution link forfeit their program provides beneficial help.After the draw lessons from the beneficial experience of foreign related system,this paper puts forward the confession of the prosecution link forfeit from the idea of the program,including the applicable scope of case should be ruled out the applicable,the vast majority of cases should be able to apply the program;The disclosure of the right and the evidence makes it possible for the accused person to have a clear understanding of his crime,and to defend himself more fully and protect his own rights and interests.The program can be initiated by the procuratorial organ,or the defendant of the criminal suspect.The scope and limit of the consultation shall be subject to negotiation between the two parties in the course of negotiation,and no negotiation shall be made on the count of the crimes and the number of crimes;After the admission of guilt,the procuratorial organ shall make recommendations for the application of a quick procedure and summary procedure;The procedure should be used when the accused is not guilty of a voluntary confession,or when the procuratorial organ fails to perform the defense agreement.We need not only perfect institutional arrangement,but also the system to ensure its fair and orderly operation.So,finally,the paper detailed discusses the voluntary censorship,program incentives,lawyer help system,and the victim rights and interests protection system,and refinement of form a complete set of the system,is to achieve greater confessed forfeit their program effective guarantee benign operation.
Keywords/Search Tags:Sue link, Pleaded guilty to forfeit, Pleaded guilty to negotiate, Institutional guarantee
PDF Full Text Request
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