Research Report On The Public Prosecution Case Of Judged Innocence In H Province During 2008 And 2013

The public prosecution case of judged innocence refers to the criminal case by prosecutorial organization’s prosecution,the people’s court trial,the defendant or the defendant units is in accordance with legal procedures and determined not to constitute a crime.Any of a country under the rule of law could not destroy innocent cases,but which does not mean that they should produce a laissez faire innocence cases.For the prosecutorial organization’s prosecution due to improper verdicts directly affect social public assessment of the prosecutorial organization’s image,and even make the public questioned the prosecutorial organization’s handling ability,weaken the credibility of the prosecutorial organization.Therefore,investigation of public prosecution case referee innocence,and putting forward some effective suggestions to improve the credibility of the prosecutorial organization,safeguard the case of judicial justice which has positive significance.Statistical data from 2008 to 2013 the referee innocent in H province of public prosecution case,this kind of case in H province has the following characteristics: the ratio has decreased year by year,but which is still significantly higher than the national average level;the whole data drops but local data exists rebound;economic type of cases is high but has little to do with the criminal investigation unit;a large proportion caused by insufficient evidence of innocence;withdrawing the prosecution rate is high,the innocent cases are clearly decreased.The cause of not guilty verdict due to improper prosecution of public prosecution cases in H Province in recent years mainly are: according to the conviction of the evidence by court;the chain of evidence in the trial stage did not maintain effective fixation;application of law dispute;legal interpretation exists variability;prosecutors handling the case undertakers case by external intervention;errors;special case of non prosecution is not appropriate.In view of the above reasons,the prosecutorial organization should adhere to the principle of presumption of innocence to review the evidence,timely exclusion of evidence dispute;fixed key evidence,preventing evidence chain fracture by evidence conflict;investigators should take the judicial conscience modest and prudent judgment of law applicable to the dispute,to carry forward the judicial wisdom,rationally to face the change of legal interpretation;the state we should deepen the reform of judicial system,develop the independence ofpower of prosecutorial organization,undertakers case supervision system,strengthen the judicial communication to exclude the influence of the network public opinions.