未检工作须注意三个方面
发布时间:2018-11-22 12:26
【摘要】:正修改后刑诉法明确规定了未成年人刑事案件的办案方针和原则,设置了附条件不起诉制度、强制辩护制度、社会调查制度、犯罪记录封存制度,并要求对未成年人严格适用逮捕措施和分案处理。检察机关该如何发挥检察职能,更好地保障未成年人的诉讼权利和其他合法权益,本文认为可以着重从以下几方面入手:一、审查逮捕阶段,坚持捕前评估,严格限制适用逮捕措施。修改后刑诉法第二百六十九条规定对未成年犯罪嫌疑人、被告人应当严格限制适用逮捕措施。笔者认为,在审查逮捕环节,检察机关要想做到
[Abstract]:After the revision, the Criminal procedure Law has clearly stipulated the principles and principles for handling juvenile criminal cases, set up a system of conditional non-prosecution, a system of compulsory defense, a system of social investigation, and a system of sealing up criminal records. It also requires strict application of arrest measures and separate cases for minors. How should the procuratorial organs give play to the procuratorial function and better protect the litigation rights and other legitimate rights and interests of minors? this paper thinks that we can focus on the following aspects: first, we should examine the arrest stage and insist on the pre-arrest evaluation. Strict restrictions on the application of arrest measures. Article 269 of the revised Criminal procedure Law stipulates that the accused shall strictly restrict the application of arrest measures to juvenile criminal suspects. The author believes that in the examination of arrest, the procuratorial organs want to achieve
【分类号】:D925.2;D926.3
,
本文编号:2349372
[Abstract]:After the revision, the Criminal procedure Law has clearly stipulated the principles and principles for handling juvenile criminal cases, set up a system of conditional non-prosecution, a system of compulsory defense, a system of social investigation, and a system of sealing up criminal records. It also requires strict application of arrest measures and separate cases for minors. How should the procuratorial organs give play to the procuratorial function and better protect the litigation rights and other legitimate rights and interests of minors? this paper thinks that we can focus on the following aspects: first, we should examine the arrest stage and insist on the pre-arrest evaluation. Strict restrictions on the application of arrest measures. Article 269 of the revised Criminal procedure Law stipulates that the accused shall strictly restrict the application of arrest measures to juvenile criminal suspects. The author believes that in the examination of arrest, the procuratorial organs want to achieve
【分类号】:D925.2;D926.3
,
本文编号:2349372
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