Analysis of the new Criminal Procedure Law to modify the procuratorial supervision work on the impact and thinking

1、 Analysis of the new Criminal Procedure Law to modify the procuratorial supervision work on the impact and thinking Abstract modify the Criminal Procedure Law is to further strengthen punish crime and protect the peoples needs. At present, the work of punishing crimes face many new situations, there

2、 are some urgent problems to be solved. Meanwhile, the state promote the construction of democracy and legal system and the peoples legal awareness enhancement, for the maintenance and protection of civil justice put forward higher requirements. The parties are very concerned about the changes facin

3、g the Code of Criminal Procedure, the judiciary and other aspects of criminal procedure has also been proposed to modify the proposal, therefore, how to further protect the judiciary accurate and timely punishment of crime, protection of civil rights litigation and other legitimate rights and intere

4、sts, to become current legislators and the people need to work together to think about. Paper Keywords Criminal Procedure execution of punishment execution Parole supervision delivery Criminal Code of Criminal Procedure is to regulate the activities of basic legal. Chinas current Criminal Procedure

5、Law was enacted in 1979, was partially amended in 1996, 14 March 2012 adopted by the Criminal Procedure Code amendment relates specifically to the basic principles, rules of evidence, and the defense of coercive measures, implementation of investigative measures and penalties and many other aspects

6、of the regulations, macro point of view of basic services related to all aspects of prosecution. To better implement the new Code of Criminal Procedure, this paper combined with the actual work of the prison, the prison service in the current commutation, parole, temporary probation and other legal

7、supervision of the execution of punishment were discussed. First, the current Criminal Procedure punishment involved oversight deficiencies that exist in legislation (A) temporary probation decision authority is not clear, the decision served on temporary probation service is not timely or not, maki

8、ng it difficult to monitor or difficult to correct the current Criminal Procedure Law, approved temporary execution outside prison authorities shall Cc Peoples Procuratorate approved the decision, but the temporary execution outside prison approval authority, the instrument of ratification of the de

9、livery time is not provided for other issues, in practice, the implementation is a bit confusing. Temporary probation decisions are usually Once the decision with immediate effect, but the instruments of ratification are often served not timely or not served, which resulted in the prosecution diffic

10、ult to monitor or detect the phenomenon difficult to correct problems. (Two) the Court concerning reduction of sentence, parole cases to implement batch ruled that the prosecution is difficult to accomplish in a short time to review existing Criminal Procedure Law, the prosecution received the court

11、s sentence, parole ruling copies, considered inappropriate, it shall in the twenty- days or less to the peoples court to correct opinions. Practice due to the peoples court is often concentrated in a year to carry out one or two draws, ruling commutation and parole activities together a large number

12、 of cases of hearing ruled that the prosecution is difficult in all cases within 20 days of the ruling on the completion of the review. Moreover, inmates with the prosecution while receiving the written copy of the inmates received a commutation of sentence, parole from prison immediately after the

13、determination. Even if prosecutors find an error, suggest corrective advice execution has taken effect since ruled that the offender has been released, the error is difficult to be corrected, and some even get corrected, but also increased the cost of monitoring and correction. (Three) the offender

14、is delivered after the execution of sentences shall be executed by the peoples court to deliver the relevant legal instruments and timely delivery of prisons or other enforcement authority for this part of the current Code of Criminal Procedure provides for the principle carried out, but the lack of

15、 detailed requirement that the court does not require the delivery period, resulting in the service of the court can be infinitely extended period of a month or even longer. Although the introduction of the corresponding provisions of the public security organs at all levels in the implementation of

16、 the public security organs was served within one month of the offender to perform, but can not be served on the implementation aspects of the book to follow, a direct result of the public security organs and the prison can not be a reasonable allocation of time of delivery. (Four) for the temporary

17、 execution outside prison jail implementation issues, nor the Criminal Procedure Law to be refined under the existing provisions of the Criminal Procedure Law Article 216, temporary execution outside prison disappeared, the criminals under sentence , it shall be put in prison. This provision is undo

18、ubtedly the lack of interoperability, neither of what is a temporary probation case disappeared had a specific provision, nor does the startup prison authorities and initiate the process for regulations. Second, the revised new Criminal Procedure Code regarding penalties and other aspects of the imp

19、lementation of the revised and improved (A) expand the scope of object temporary probation, clear temporary execution outside prison authorities approved the current Criminal Procedure Law, who is sentenced to imprisonment or criminal detention, there is a serious disease requires medical parole or

20、pregnant or are breast-feeding their baby women temporary probation. Judicial administrative organ, and some criminals life can not take care of themselves, sent to prison not only can not receive the normal education reform, but several police officers need to take care of their daily diet. Practic

21、e, some pregnant or are breast-feeding her own baby criminal was sentenced to life imprisonment, because they do not meet the legal requirements of temporary probation conditions had a child in prison or breast-feeding her own baby. Recommendations from the humanitarian point of view, in the law to

22、expand the scope of temporary probation objects will be unable to take care of criminals, pregnant or are breast-feeding her baby female offenders sentenced to life imprisonment is also included. Revised Code of Criminal Procedure Article 254 states: who is sentenced to imprisonment or criminal dete

23、ntion, one of the following circumstances, can temporary probation: (1) there is a serious disease requires medical parole; (2) pregnant or are breast-feeding her own baby; (3) life can not take care of themselves, for temporary probation without danger to society. right to be sentenced to life impr

24、isonment, there is the case of the second paragraph of the preceding paragraph, can be temporary probation. apply for medical parole for socially dangerous criminals, or self-injury self-mutilation of criminals, not medical parole. on criminals indeed serious illness, must medical parole by the prov

25、incial peoples government hospitals diagnosis and the writing of documents. before executing the delivery, temporary probation executed by the Peoples Court delivered the decision; delivery execution, temporary probation by a prison or detention center to submit written comments at the provincial pr

26、ison administration organs or one or more districts of the city public security organs approved. section on temporary probation for two important changes improved: First, to further expand the scope of objects temporary probation. Code of Criminal Procedure provides for the existing objects from the

27、 temporary probation was sentenced to imprisonment, criminal detention of the serious illness criminal expanded to life can not take care of themselves, for temporary probation without danger to society, the criminals; would can be temporary execution outside prison, pregnant or are breast-feeding h

28、er own baby from being sentenced to imprisonment, criminal detention extended to life imprisonment, and take into account both the execution of sentences on criminals, but also reflects the humanitarian; Second is the temporary execution outside prison authorities made it clear that the decision bef

29、ore executing the delivery, temporary probation executed by the Peoples Court delivered the decision; delivery execution, temporary probation by a prison or detention center to submit written comments, Prison authorities above the provincial level or above a city divided into districts approved by t

30、he public security organs. Links to free download (two) the prosecution of commutation, parole, temporary probation supervision to implement synchronization, strengthen supervision, the revised Criminal Procedure Law in strengthening the commutation, parole, legal supervision of temporary probation

31、has revised and improved the following aspects: 1 executive authority commutation, parole, temporary probation written comments or proposals, written comments or suggestions should be a copy of a copy to the prosecuting authorities. Revised Code of Criminal Procedure, Article 255 states: prisons, de

32、tention centers made written comments temporary probation, it shall send a copy of the written comments to Peoples Procuratorate of the Peoples Procuratorate may decide to approve or authorities to submit written comments. Article 262 states: . was sentenced to surveillance, detention, imprisonment

33、or life imprisonment, during execution true repentance or meritorious, it shall be commutation, parole when , proposals made by the executive authority, the audit report to the peoples court ruling, and the copy of the proposal sent to the peoples Procuratorate. Peoples Procuratorate may submit writ

34、ten comments to the court. 2 Peoples Court has received the approval authority or prosecution believes commutation, parole, temporary probation improperly written observations, decision or ruling shall re-verification or trial. On the prosecutions commutation, parole, temporary probation improperly

35、written comments, enforcement authorities or court shall be given adequate attention, which is subject to legal supervision performance. Revised Code of Criminal Procedure, Article 256 states: decision or approval of temporary execution outside prison authorities shall determine temporary probation

36、Cc Peoples Procuratorate. Peoples Procuratorate considers the temporary execution outside prison improper , it shall be notified within one month from the date of the decision or submitted written comments to approve temporary execution outside prison authorities, decision or approval of temporary e

37、xecution outside prison authorities received the written opinion of the Peoples Procuratorate shall, after the decision to re-verification. For the actual implementation of the occurrence of some of this does not meet the temporary probation offenders through bribery and other illegal means to obtai

38、n temporary probation case, the revised Code of Criminal Procedure Article 257: . do not meet temporary probation conditions criminals through bribery and other illegal means to be temporary execution outside prison, probation for a period not included in the enforcement of sentences. criminals esca

39、pe temporary probation period, are not included in the period of escape enforcement of sentences. the perfect temporary probation provisions, prevent the use of temporary probation system to escape punishment. Revised Code of Criminal Procedure, Article 263 states: Peoples Court of the Peoples Procu

40、ratorate that the commutation and parole improper ruling: shall, after receiving a copy of it within 20 days, the peoples court to submit written comments to correct The peoples court shall, within one month of receiving the recommendation re-formed a collegiate bench trial or final determination is made. (Three) defined the offender to perform part of the Courts delivery deadlines, delivery areas provide a legal framework to make amendments to Article 253 under the provisions of the offender to be delivered when the execution of sentences shall be executed by