Research On Procedure Of Flagrant Delicto

With the rapid alert mechanism for the continuous improvement and theestablishment of community-based management, the number of cases of flagrantedelicto cracked increasing proportion of the total cases of flagrante delicto casescontinues to rise. For the case of flagrante delicto does not provide special handlingprocedures are still using normal procedures for handling cases of flagrante delicto. Inpractice the suspect in custody even sufficient evidence, the case of flagrante delictoslight, its long-term detention of the phenomenon is still very common. This is notonly conducive to the protection of human rights of criminal suspects, the case is notconducive to timely and effective treatment. In this backdrop, the case of flagrantedelicto apply for special handling procedures particularly necessary.The current provisions of the Code of Criminal Procedure of several scenarioscan be applied for the first detained in flagrante delicto, but the law does not specifythe concept of flagrante delicto, which led to the practice of establishing standards forcases of flagrante delicto and scope of confusion. Throughout the world the laws, thelaws of many countries have clearly defined the meaning of flagrante delicto, andcases of flagrante delicto applies for speedy trial process. As the case of flagrantedelicto with characteristics different from ordinary criminal cases, such cases aregenerally criminal facts are clear, the evidence more fully, so then apply the ordinaryprocedure for handling cases of flagrante delicto value target is obviously notconsistent with the procedural efficiency, is not conducive to criminal suspectsprotection of human rights. In view of this, China should learn from foreign advancedexperience in flagrante delicto for legislation to establish a special case of flagrantedelicto process.In the process of building a quick decision procedure in cases of flagrante delicto,should pay attention to the impact of specific offenses prosecution mechanisms andprocedures are quick decision contrary to the presumption of innocence. This paper describes the provisions of the existing legislation and problems of flagrante delicto,and then learn from foreign experience in flagrante delicto for legislation, establishinghis own definition of the concept of flagrante delicto. Secondly, the historicaldevelopment of flagrante delicto proceedings of the sort, and several countries inflagrante delicto handlers were compared. Again, the status of China’s handling ofcases of flagrante delicto were evaluated and summarized. Finally, how to build a caseof flagrante delicto process, as well as the build process should pay attention to.