A Study On Prosecutorial Practice Of Criminal Expedited Procedure

The establishment of the expedited criminal procedure marks the successful construction of China’s multi-level criminal procedure,which can not only effectively address the objective demand for the stream of criminal justice complexity and simplicity,but also help to enhance the flexibility and efficiency of criminal litigation activities.In the criminal expedited procedure in which the prosecutor pleads guilty and punishments,the procuratorial authorities have a fourfold identity as the leader in the application of the system,the diversion of proceedings,the guarantor of litigation rights,and the supervisor of fair justice,so they should rely on the positioning,fully promote the work,and strive to change the current low application rate of criminal expedited procedures.First,the procuratorial authorities should strictly grasp the standard of evidence review,to ensure that the prosecution pleaded guilty to punishment voluntarily,to ensure the accuracy of sentencing recommendations,the effective implementation of the plea of guilty to punishment leniency system,the application of expedited procedures for criminal cases to do the preliminary paving.Second,the procuratorial authorities should exercise prosecutorial discretion in accordance with the law,standardize non-prosecution,actively implement the principle of timely litigation,scientific triage of criminal cases to ensure that eligible cases can be handled quickly.In addition,the procuratorial authorities should make full use of the duty lawyer system,"less arrest and cautious prosecution and detention" criminal justice policy,conflict resolution functions and judicial assistance measures to achieve comprehensive protection of the legitimate rights and interests of the parties to the case,to help increase the number of cases in the speedy trial process.Finally,the procuratorial authorities should rely on investigation supervision and cooperation mechanisms,through effective early intervention and guidance of investigation,to achieve speed up the processing of criminal cases at source;at the same time to strengthen the supervision of trial activities,timely correction of procedural and substantive errors in the process of court cases,to ensure that the quality of expedited cases will not be reduced due to the simplification of court procedures,and ultimately achieve judicial justice.