Empirical Analysis Of The Handle Separately On The Pretrial Procedure

Handled separately is a common legal phenomenon in the practice of criminal justice.It means that in a case, when the public security organ submits the approval of arrest andtransfers the review and prosecution, it does not submit the approval of arresting personsinvolved in this case and does not transfer the review and prosecution due to specialreasons, but give clear indication of handled separately or “on the run” in the Applicationfor Approval of Arrest and Written Opinion on Recommending Prosecution. Handledseparately is recognized and widely utilized in the juridical practice by the relevantworkers as an invisible “criminal procedure”. The prosecuting organ of a province hasdone special examination to cases of handled separately in2011within the provincejointly with the public security organ. Based on the condition and data result of the specialexamination, it has done empirical analysis to the existing problems and practical reasonsof handled separately. Based on the investigation, we can see that the application ofhandled separately in the province is relatively standard in general, and has made certainpositive effects on timely settling the cases and enhancing the timeliness of fightingagainst criminals. Meanwhile, it can put an end to detention beyond the legally prescribedtime limits and save the judicial resources. What’s more, it can guarantee the rights of thecriminal suspects. However, in practice, due to that handled separately has not beeninstitutionalized and legalized till now, there is no explicate stipulation on the scope ofhandled separately. It lacks the operable standards and requirements, thus there still existmany problems in the application of handled separately, and for instance, the follow-upmanagement of handled separately is not effective, and there are no unified standards.Meanwhile, there exist situations of improper handled separately. At the same time, certaincases of improper handled separately in practice have resulted in much real harm. Somecases of handled separately are transformed into the downgraded disposition or“disregarding as a separate case”, and such dissimilation phenomena as injustice and laxenforcements are bred. Therefore, we shall further perfect the application of handledseparately, so as to stimulate its positive functions. It is necessary to start from perfectinglaws and regulations, and intensifying legal supervision to develop the standard functionsof handled separately. Meanwhile, we shall also make clear the application situations,applicable procedures as well as legal supervision means and modes of handled separately.