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The author:(作者)qqpublished in(发表于) 2014/6/24 8:46:47 Supreme Court intends to quickly cut pilot case to simplify such as dangerous driving trial
Beijing times yesterday by the Supreme People's Court and the Supreme People's Procuratorate to the 12th session of the national people's Congress Nineth meeting on authorized parts submitted for deliberation by the experimental work of governing proceedings in criminal cases (draft) (hereinafter "the draft") motion. Accordingly, in some areas of China to carry out pilot governing proceedings in criminal cases.
Bill seeks to authorize the Supreme People's Court and the Supreme People's Procuratorate in Beijing, Tianjin, Shanghai, Chongqing, Shenyang, Dalian, Nanjing, Hangzhou, Fuzhou, Xiamen, Jinan, Qingdao, Zhengzhou, Wuhan, Changsha, Guangzhou, Shenzhen, Xian, a total of 18 cities to carry out pilot work of governing proceedings in criminal cases. Clear facts and sufficient evidence, the accused voluntarily pleaded guilty, the applicable law is not disputed by law such as theft and dangerous driving may be sentenced to one year in the case of fixed-term imprisonment, criminal detention, control or be fined cases, further simplified and refined criminal law procedures.
Supreme People's Court President Zhou Qiang on the draft statement noted that at present, China is in a special period of economic transformation, social transformation, is a high trend of criminal offences. Simplified shunt further criminal cases, optimizing the allocation of judicial resources, is the current urgent needs of the judicial practice. Zhou said, the establishment of governing proceedings in criminal cases, to promptly punish crime, maintaining social order and promoting social harmony and stability, optimizing the allocation of judicial resources, much less contradictions in judicial practice, but also to implementing temper justice with mercy and the criminal policy of combining punishment with education, education and correction of offenders.
Zhou Qiang said the base and various types of cases in these areas, to test pilot results. For a trial period from the day of decision has come into effect on a trial basis for two years.
The national people's Congress authorizes the "two high" speed CD program pilot, pioneered in the field of Justice "pilot" legislation of its kind. It is understood that, in the past some breaking the law of the national people's Congress has authorized the State Council reform, but authorized "two high" for the first time.
Jinghua times, Sun Qian Sun Siya
Beijing times drawing
-Pilot
Applies to voluntary guilty plea the defendant
Without investigation in court debates
According to the draft, pilot speed proceedings in criminal cases limited to the facts of the case are clear and sufficient evidence, the accused voluntarily pleaded guilty, the applicable law is not disputed by law such as theft and dangerous driving may be sentenced to one year in the case of fixed-term imprisonment, criminal detention, control or fined in the case.
Refinement of simplified proceedings, Zhou said, apply the rate proceedings of the case, to be no limit 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, but the final statement of the defendant must be heard.
≫> construction
Turn "off how long how long convicted" phenomenon
The Supreme People's Court said the transformation of the society, the number of minor criminal cases increases rapidly, and the judiciary, "much less" contradiction. If the character does not, will result in minor criminal cases processing time is too long. To this end, it is necessary to optimize the allocation of judicial resources, speedy trial imposed on a large number of minor criminal cases in order to improve the efficiency of proceedings in such cases, punishing perpetrators in a timely manner, solve cases much less contradictory.
According to this decision, fast-cut program will simplify trial procedures, pre-trial time served is not restricted, sitting without the need for court investigation and debate time limits for handling of the judiciary will be reduced accordingly, which will greatly improve the efficiency of the handling of such cases.
Implementing governing proceedings in criminal cases, there is better able to guarantee fairness in sentencing. Past due to minor criminal cases of widespread detentions, arrests of criminal suspects and other enforcement measures, the defendant held for a long time, some cases when sentencing is often "off how long how long convicted" not only fail to punish crime, and it was difficult to do justice in sentencing. After implementing the rate proceedings, defendants have been in custody, may also soon be trials and judicial authorities on the voluntary confession of the defendant also leniency, so you can better achieve the "misdemeanor punishment", to better reflect "suiting punishment" principle, embody the spirit of balance of penalty, the penalty justice.
A defendant to apply to not hearing
Building legal aid duty counsel system
Zhou said that applying the speed of proceedings cases, the 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 addition, the proposed court, pretrial detention centres establish legal aid duty counsel systems. Legal help for criminal suspects and defendants apply, shall appoint a legal aid duty counsel to ensure pleaded guilty to voluntary, to ensure their full understanding of applicable governing proceedings legal consequences. Applicable governing proceedings of criminal suspects or defendants meet bail, to monitor the living conditions and should be released on bail under residential surveillance.
Minor criminal cases, suspects rights guaranteed
Supreme Court, said the pilot's measures to protect the rights of criminal suspects. As from the investigation stage onwards, minor crime suspects and defendants in criminal cases can be a guarantor under residential surveillance of non-custodial measures of constraint, such as, change the widespread use of the past practices of detention, arrest, detention measures. As another example, in sentencing the judiciary opt in rate proceedings, voluntary confession of the accused, due to their voluntary confession, tuizang the total amount of compensation, have been victims of understanding, so the principle of severity of these accused, reflect on the voluntary confession of the defendant a "sentencing incentive", which embodies the spirit of protecting the legitimate rights and interests of the defendant.
It also protects the criminal suspect and the defendant's litigation rights. This times decided gives crime suspects, and accused multifaceted of program select right: in select whether applies speed CD program aspects, accused has accept quickly trial of right, so can select speed CD program, also can select general program or summary program; in whether public trial aspects, accused has accept public trial of right, while also can from personal honorary, and information security, aspects considered select not public trial; in whether appeal aspects, accused in judgment Hou can pleaded guilty clothing sentenced not appeal, While still retaining the right to appeal.
-Three questions about the Supreme Law
1. the reform of governing proceedings in criminal cases, whether it is because of the abolition of reeducation-through-labor system?
Supreme Court: speed-criminal proceedings reform, largely because of the substantial increase in minor criminal cases, the judiciary are few contradictions rather than abolish the re-education through labour system. Though there are some coincidences in time, but in fact, prior to the abolition of detention, many places have been dealing with minor criminal cases tried, such as Beijing, Shenzhen, Nanning, and several years ago began the reform of the mechanisms for dealing with minor criminal cases. Therefore, supporting measures to speed proceedings pilot is not canceled reeducation-through-labor.
2. the abolition of court investigation and Court debates, might affect the defendant's rights?
Supreme Court: not carried out forensic investigations, court cases, is a prerequisite. The clear facts and sufficient evidence, the accused voluntarily pleaded guilty and signed written affidavit, agreed with the Prosecutor's sentencing recommendation. If these conditions are not both met, would speed proceedings cannot be applied, and in accordance with the General procedure in summary proceedings or proceedings.
Court investigation, the Court is designed to ascertain the facts, evidence, found that the defendant on the facts, applicable law, and the defendant voluntarily pleaded guilty, has no objection to including recommendations for sentencing on the law applicable, is tantamount to waiver of the right to defence, court investigation and debate program is not necessary. Although not conducted court investigation and debate, but there is a final statement of the defendant's rights, but also for the cases of defendants plead guilty, the Court generally lenient punishments, it is actually beneficial to the defendant.
3. increase not hearing a matter, is inconsistent with the principle of judicial openness?
Supreme Court: at present, judicial public advocate of the judiciary and to increase judicial transparency, but a public trial, there are exceptions. Legal provisions relating to State secrets, personal privacy, trade secrets, such as juvenile delinquency cases could not be heard in public. In addition, the draft adds a not hearing a matter, honour a defendant grounds for protection, information security, and other applications are not heard in public, people's Procuratorate, the defenders had no objection, and can not be heard in public.
Is the right to a public trial, the defendant entitled to also have the right to give up. Applications not hearing of the accused, there must be a legitimate reason, the Bill has set up a strict conditions and must be approved by the Court, will not be misused. Foreign countries also have precedent in many countries for minor criminal cases, the written proceedings were, in fact, not be heard in public.
-Pilot experience
Trial of four link building "green passage"
According to the Beijing Municipal higher people's Court introduced, starting in 2010, Beijing's efforts to reform the courts dealing with minor criminal cases, summary procedure applicable to cases increased to 65%, average time limit is compressed to around 7th cases promise high rates of litigation service, the appeals rate is low, the revision back to the low rate of distinctive features.
City High Court Criminal Court Deputy President introduced that light punishment not just faster, but sufficiently protect the procedural rights of the accused and the defence counsel under the premise of their duties according to law. In court, defendant would plead guilty, serve copies of the indictment and the trial judge's "twice questioned", confirm that the defendants plead guilty and agree to apply the simplified procedure. Defence counsel of the accused, on the premise of protection counsel exercising ' right, the right to speed up the progress of work, cases such as defence counsel objections or intended pleading not guilty, the judge will promptly terminate the expedited trial proceedings.
In addition, the speedy trial is mainly reflected in rhythm, the acceleration of the process of work outside the Court, proceedings remain strictly in accordance with the law. "In particular the review of evidence checks" on comrade stressed that "in particular found the defendant guilty, and the heavier punishment of the defendant, must achieve a reliable and sufficient proof standards."
On comrade said, courts in Beijing also establish speedy trial of "green corridors". Prosecutors, prosecuting, attached letter of recommendation summary proceedings, special stamp for dealing with marking the indictment, prompted the Court's attention. File link, request review on that day, the day of the transfer of cases prosecuted in criminal courts, case transfer time maximum compression. Trial part, established the ad hoc Office system designated or specialized collegiate bench hearing, pronouncement, in principle. Court links, the defendant carried out the analysis and the interpretation the courts education, laying the Foundation for penal institutions education correction. Delivery executive body, asked the High Court to quickly hear minor criminal cases Beijing, served in the judgment enters into force no later than 5th implementation of legal instruments will be executed criminals to ensure adequate education correction time.
Currently, Beijing grass courts a 3-person handling a group more than a year and has handled more than 1000 minor criminal cases. For 95% per cent of the drunk driving case, did it seized and processed within one month.
(Original title: theft, dangerous driving, simplify the trial)
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