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The author:(作者)qqpublished in(发表于) 2014/6/24 8:45:39 Pilot criminal cases “quick cut“： drunk driving cases are not heard in public
Xinhuanet, Beijing, June 23-title: criminal case pilot "quick cut": "drunk driving" and other cases heard in public spotlight
"Xinhua viewpoint" journalists Chen Fei, Yang Weihan
With the "drunk driving" minor criminal cases, such as fast-growing, dominate the trial court a large number of resources. In order to improve the efficiency of the proceedings, promote trial simplified shunt, the Supreme People's Court and the Supreme People's Procuratorate proposed in 18 pilot cities "criminal cases, speed cutting."
The morning of 23rd, on authorizing the initiation of criminal cases in some areas of the experimental work of governing proceedings decisions (draft), submitted to the national people's Congress. If adopted, the national people's Congress authorized for the first time, "two high" pilot.
According to the draft decision, light not only is expected to greatly shorten the time limits for handling criminal cases, but also "not hearing". This "break" existing content after the publication of the draft law, caused widespread public concern. Participating NPC Standing Committee in the consideration of the members of the 23rd, also delivered its considered opinion.
Minor criminal cases, enormous growth in 18 cities to be a pilot "quick cut"
According to statistics from related departments, now sentenced to one year in the case of fixed-term imprisonment, criminal detention, control and fined cases have accounted for all the 38% of the total number of criminal cases, a higher proportion.
"These facts are clearly minor criminal cases, is not difficult to handle. Under current law, however, still have to go through the ' road ' proceedings, and not only to accept long periods of detention of criminal suspects, also took a lot of resources. "Renmin University of China Law School Professor Chen Weidong said, the implementation of" quick cut "to protect the legitimate rights and interests of criminal suspects, both achieve substantive justice and highlights procedural justice, saves a lot of judicial resources, improve judicial efficiency.
In recent years, the judicial system proposes to dealing with minor criminal cases, some places have embarked on a pilot. Based on the situation in practice, Supreme People's Court and the Supreme People's Procuratorate and Ministry of public security, Ministry of Justice and law aspects of time in research and communication of the working committees of the NPC, pilot speed proceedings in criminal cases form a consensus.
President Xu xianming members at the time of review, "said criminal cases, speed cutting" pilot reform consistent with the decisions of the 18 session of judicial reform. International Criminal Justice is currently changing from strict attention to procedure to attach importance to the efficiency of trials, "criminal cases, speed cutting" pilot reform consistent with the trend of development of international justice. Criminal law is amended after the pilot can also provide useful experience.
According to the draft decision, the pilot intended to be limited to the facts of the case clearly, sufficient evidence is available the voluntary guilty plea of the defendant, the applicable law is not disputed theft, dangerous driving, the law may be sentenced to one year in the case of fixed-term imprisonment, criminal detention, control or fined in the case.
In the draft decision "applicable law uncontested theft, dangerous driving, ... ... Case "and the expression" such as ", members of the NPC Standing Committee in lively discussions in the review. Some members expressed the view that the type of case involved should be clearly listed, or "such as" removed, because "such as" extended range of speed CD case. Some members hold the view that "such as" Word can be used as eligible for many types of cases, it is difficult to enumerate, as soon as possible, formulate detailed rules, uniform-speed cutting and the scope of the program.
Intend to select pilot areas in Beijing, Tianjin, Shanghai, Chongqing, Shenyang, Dalian, Nanjing, Hangzhou, Fuzhou, Xiamen, Jinan, Qingdao, Zhengzhou, Wuhan, Changsha, Guangzhou, Shenzhen, Xian and 18 base and various types of cases, typical and representative cities in favour of test pilot results.
"The trial will help optimize the allocation of judicial resources, much less contradictions in judicial practice and to implement temper justice with mercy and the criminal policy of combining punishment with education, education and correction of offenders. "The Supreme People's Court President Zhou 23rd when she gave instructions to the national people's Congress said.
How to prevent judges discretion is too large
Since it is a "quick cut", it should be in terms of procedure, such as the time limits for handling "quickly".
Provisions of the draft decision, applying the speed of proceedings cases, court procedures will be simplified – no limits for notice of trial time, judges confirm the voluntary confession of the defendant in court, did not dispute, agree to the application of the applicable law governing proceedings, without forensic investigations and Court debates, and to shorten the time limits for handling ... ...
It is learnt that the speed of CD cases and case handling period is shorter than in summary conviction cases. Criminal procedure law provides that summary trials, 20th after the people's Court shall accept the docket.
Improves the efficiency of action, how to balance the fairness and impartiality of the trial? Become a matter of concern.
According to the draft decision provides that "listening to the final statement of the defendant," this program will be maintained. It is understood that the choice whether for speed on the proceedings, it must be agreed by the defendant, if the defendant does not agree it's not applicable. Speed CD case does not apply to "a court" refuses to accept the judgment of the first instance, the defendant may appeal.
In order to protect the legal rights of criminal suspects and defendants, the draft decision also provides for a legal aid duty counsel systems for criminal suspects and defendants to provide legal assistance to ensure that they are fully aware of applicable governing proceedings on the legal consequences. Also, provisions governing proceedings of criminal suspects or defendants meet bail, to monitor the living conditions and should be released on bail under residential surveillance.
"In past judicial practice, shall be sentenced to 1 year imprisonment for the defendant, if in custody for a long time, and a judge may ' accountable ', turn off how long convicted long, violating the legitimate rights and interests of the defendant. Speed CD case for non-custodial measures, avoids this problem, more conducive to the realization of misdemeanor punishment and of suiting penalty to adapt. "Chen Weidong said.
Liu Zhenwei members favoured pilot governing proceedings in criminal cases, but also expressed concern. He said that if the pilot begins, the judge's discretion is extended, should come up with a specific constraint systems and approaches. Judge to decide if you want to apply quick proceedings, whether "not hearing" such discretion to regulate.
"The defendant's voluntary confession" also applies to one of the conditions governing proceedings. President Xu xianming members emphasized that the voluntary confession of the accused must be "real" and "volunteer" while also taking into account the relief channels for the involuntary confession of the accused.
The defendant choose between privacy and the public's right to know
In the draft decision, "not hearing" has generated widespread concern and discussions.
The draft stipulates that the applicable rate case proceedings, people's courts should fully respect and protect the defendant's right to a public trial. Meanwhile, the defendant honour protection, information security and other legitimate reasons to apply for not hearing, prosecutors, defenders have no objection to, and approved by the people's courts can not be heard in public.
In recent years, Internet exposure on a lot of "drunk driving" case, many parties are "second generation" "Guan Er dai" or stars. Public doubt, for such cases, if not heard in public, the lack of supervision of public opinion, will lead the Court biased against them at the referee?
In fact, about whether a public figure's right to privacy should be protected, and has always been a hot topic in society, there is also facing the same problem.
Existing criminal law provisions, except that it involves State secrets, minors, four such cases, Court of first instance cases should be brought before the public. Draft decision adding "not hearing" provisions, President Xu xianming stated that criminal justice to the principle of open, not open to exceptions, now emphasizes the "Sun of Justice". So, add "not hearing" provisions, it is necessary to set certain conditions strictly limited judges to allow "not hearing".
Relevant experts believe that "not hearing" to meet "the defendant to apply for" "no objections by the prosecution," "Court approved" and many other elements, will not be misused. Even without a public hearing, according to the provisions of the law, the written judgment of the case should also be open, fast-cut case was no exception. Cases related to the public can understand that the outcome of the trial and the trial basis.
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