coach outlet Prosecution discretion and the relati

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Prosecution discretion and the relationship between the investigation right

. First, you can consider giving the investigating authorities on the case of repeated detection of insufficient evidence to revoke power. According to China's Criminal Procedure Law Article 129 and 13O of the Ordinance, investigating authorities concluded its investigation and must meet the facts are clear, there is ample evidence of the degree. The case of the conclusion of the investigation, if you have a crime, then transferred to the prosecution to review the decision to prosecute; cases that do not constitute a crime, should be made to dismiss the case. However, for some can not reach the facts are clear, there is ample evidence in the case, investigating authority can not concluded its investigation, or new cases, and is apt to cause disharmony between prosecutors and police. Based on this, I believe that some investigation and the detention period has been repeated to the case, is still insufficient evidence, the investigating authorities should be given the power to dismiss the case directly. Of course, the investigating authorities in order to prevent the abuse of such power to revoke, investigating authorities may request to dismiss the case must be filed to the prosecution to the prosecution and supervision. Secondly, investigating authorities may consider giving some misdemeanor cases directly to the power of segregation. According to China's Criminal Procedural Law, investigation at the end, for a minor crime, punishable under criminal law does not require or shall be exempted from punishment Procuratorate may decide not to prosecute the case, investigating authorities have no right to make their own treatment, but must be transferred to prosecutors review and decision. This provides investigative authority to prevent abuse of power is undoubtedly a positive role, but for the efficiency of the proceedings and protect the rights of the prosecuted and the reduction of prosecutors and police not to prosecute the issue in dispute is a hundred more harm than good. In view of this,[link widoczny dla zalogowanych], I believe that there is a need to give investigating authorities do not need to impose some minor penalties or waive penalties in criminal cases, in the investigation at the end of the right to be withdrawn. Of course, in order to prevent this abuse of the right to close the case, may provide that: on the one hand, investigating authorities shall revoke such cases must be filed to the prosecution; the other hand, given the victim's request for reconsideration to the right of prosecution. As long as a victim to the investigating authorities to dismiss the case against the prosecutors for reconsideration,[link widoczny dla zalogowanych], the investigating agency files must be transferred to the prosecution. (B) of the investigative power constraints on the role of public prosecution discretion. Discretion of the prosecution investigation right constraints, mainly in the following three aspects: First, the public security organs on the prosecution not to prosecute the constraints. Article 144 of the Criminal Procedure Law provides that public security organ for the prosecution of the case, the decision not to prosecute the People's Procuratorate, the decision not to prosecute should be served on the public security organ. Public security organs that the decision not to prosecute the wrong time, may request reconsideration, and if not accepted, you can request a review by the People's Procuratorate to the higher level. Accordingly, the public security organs on the prosecution made the decision not to prosecute is not satisfied,[link widoczny dla zalogowanych], there is the right of reconsideration review; and review of the prosecution, after reconsideration, the decision not to prosecute should be made to maintain or revoke the decision not to prosecute, diverted to the decision to prosecute. From the perspective of power restriction, this provision for the prevention of the abuse can not afford the prosecution the right to appeal, coordination between prosecutors and police is important. Secondly, the investigation is the prosecution the right to the effective exercise of discretion a prerequisite for the operation. The effective exercise of the right to proper investigation, the high quality of the evidence collected, as evidence by the prosecution not to prosecute for lack of less; the other hand, not to prosecute for lack of evidence and more. Finally, the effect of supplementary investigations directly determines the prosecution's exercise of discretion. According to China's Criminal Procedure Law Article 140, Article 165 and Article 166 of the People's Procuratorate in the prosecution or trial stage, can return the case to investigation agencies or departments for supplementary investigation. Undoubtedly, additional investigation is to collect valid evidence,[link widoczny dla zalogowanych], the prosecution directly determines whether the evidence is insufficient for the case not to prosecute or whether the withdrawal of the decision.

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