疑罪从无原则在侦查阶段的适用
发布时间：2018-09-12 13:54
【摘要】：在刑事诉讼过程中,对于检、法机关适用疑罪从无原则并无争议。侦查机关是否适用疑罪从无以及如何适用则未形成共识。侦查阶段存在疑罪是一种客观存在,在现有法律框架内无法处理疑罪问题。在侦查阶段确立疑罪从无原则有其合理性。为解决疑罪的适用问题,应该在保持现有的撤案条件不变的基础上,修改相关法律规定,拓展终止侦查的适用条件,赋予侦查机关疑罪终止侦查的建议权,决定权在检察院,加强公安、检察机关在疑罪案件终止侦查中的相互制约,规定疑罪案件终止侦查的适用期限。
[Abstract]:In the process of criminal proceedings, there is no dispute about the application of suspected crimes by legal organs. There is no consensus as to whether or not the investigation organ applies the suspected crime and how to apply it. The existence of suspected crime in the investigation stage is an objective existence and can not be dealt with within the existing legal framework. It is reasonable to establish the suspect crime in the investigation stage. In order to solve the problem of the application of the suspected crime, we should, on the basis of keeping the existing conditions of withdrawing the case unchanged, amend the relevant legal provisions, expand the applicable conditions for terminating the investigation, endow the investigative organ with the right of suggestion to terminate the investigation of the suspected crime, and make the decision in the procuratorate. To strengthen the mutual restriction of the public security and procuratorial organs in the investigation of the termination of the suspected crime case, and to stipulate the applicable time limit for the termination of the investigation of the suspected crime case.
【作者单位】： 中国刑事警察学院;
【分类号】：D925.2
[Abstract]:In the process of criminal proceedings, there is no dispute about the application of suspected crimes by legal organs. There is no consensus as to whether or not the investigation organ applies the suspected crime and how to apply it. The existence of suspected crime in the investigation stage is an objective existence and can not be dealt with within the existing legal framework. It is reasonable to establish the suspect crime in the investigation stage. In order to solve the problem of the application of the suspected crime, we should, on the basis of keeping the existing conditions of withdrawing the case unchanged, amend the relevant legal provisions, expand the applicable conditions for terminating the investigation, endow the investigative organ with the right of suggestion to terminate the investigation of the suspected crime, and make the decision in the procuratorate. To strengthen the mutual restriction of the public security and procuratorial organs in the investigation of the termination of the suspected crime case, and to stipulate the applicable time limit for the termination of the investigation of the suspected crime case.
【作者单位】： 中国刑事警察学院;
【分类号】：D925.2
【参考文献】
相关期刊论文 前5条
1 沈德咏;;论疑罪从无[J];中国法学;2013年05期
2 彭现如;邢永杰;;侦查阶段证据不足案件撤案程序之构建[J];中国刑事法杂志;2010年03期
3 陈p，
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