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The author:(作者)qqpublished in(发表于) 2014/6/24 8:46:50 Supreme Court intends to quickly cut the pilot， drunk driving cases will not be heard in public
With the "drunk driving" minor criminal cases, such as fast-growing, dominate the trial court a large number of resources. Yesterday, the 12th session of the national people's Congress Nineth meeting, held two high application in 18 cities, including Beijing, Guangzhou and Shenzhen speed cutting pilot criminal cases will be further simplified summary procedure in criminal procedure law, and trial length shorter than 20 days under the summary procedure. According to the draft decision, minor criminal cases can also be "not hearing", caused widespread public concern.
Speed cutting pilot why it in 18 cities
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.
Pilot selection Beijing, Tianjin, Shanghai, Chongqing, Shenyang, Dalian, Nanjing, Hangzhou, Fuzhou, Xiamen, Jinan, Qingdao, Zhengzhou, Wuhan, Changsha, Guangzhou, Shenzhen and Xian because the 18-City base and various types of cases, has the typical, representative, to test pilot results.
How to prevent judges discretion is too large
Provisions of the draft decision, applying the speed of proceedings cases, court procedures will simplify---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 ... ... Improves the efficiency of action, how to balance the fairness and impartiality of the trial?
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
The draft stipulates that 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. "Not hearing" has generated widespread concern and discussions.
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? 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.
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.
Criminal cases, speed cutting does not exceed the current "simplified procedure"
Yesterday, the well-known expert on criminal procedure law, China University of politics and law, Professor Hong Daode believes that compared existing in criminal summary procedure, the criminal cases, the speed of adjudication decisions and there is no significant breakthroughs.
Hong Daode believes that speed in a criminal case the Conference must begin at the police investigation stage, otherwise the trial simply does not fall, longer duration of public security investigation, Attorney review period is also longer, only by the Court for any length of time is saved.
Hong Daode recommended speed proceedings from the police investigation stage, public security investigation found possible sentence of less than one year, you can speed up, making a minor criminal case in a relatively short period of time to complete the investigation, prosecution and trial, which is the real speed of the Conference.
South, Xinhua reporter Wang Dianxue Liu Jia Li Yakun interns in Changhwa County
Comparison of three kinds of criminal cases, adjudication process
1, general procedures
Scope of application:
General public prosecution (defendant pleads not guilty or more severe sentencing)
Proceedings:
10th Court at Court, serve a copy of the indictment before the accused. Sittings of all procedures should be completed, including the proclamation of the collegial panel, experts and translators list, prosecutors question the accused, conduct forensic investigations and in court. At the end of the trial, his last statement.
Trial period:
Accepted within two months, the Court ruled that no later than three months, exceptional circumstances approved by the superior court can be extended.
2, summary
The facts of the case are clear, the evidence, the accused pleaded guilty and agreed to a summary procedure
Possible sentencing to three years, you can form a collegial panel or by a single judge alone trials, sentencing more than three years to form a collegial panel to the trial. The public prosecutor's Office shall send representatives to appear in court. Not subject to delivery terms, interrogation of the accused, witnesses, expert witnesses, present evidence, courtroom procedures prescribed limits. But before the judgment is pronounced the final statement of the defendant shall be heard.
20th after the Court trial of the case within, may be sentenced to imprisonment for more than three years, but may be extended to 1.5 months.
Speed 3, proceedings
Clear facts and sufficient evidence, the accused voluntarily pleaded guilty. Uncontested theft, dangerous driving and other applicable law and sentencing of defendants in less than one year.
No limit for notice of trial time, without forensic investigations, court debates, but must listen to the final statement of the defendant.
Relative to the summary trial, shorten the time limits for handling.
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