Research On The Suspention Of Criminal Procedure

The suspension of criminal procedure refers to a special situation in the criminal procedure which cannot be avoided or overcome,which makes the proceeding proceedings impossible to continue,the judicial organ suspends the proceedings,and continues to carry out the procedure after the special circumstances leading to the suspension have disappeared.In a broad sense,the suspension of criminal proceedings includes all proceedings which may lead to the suspension of proceedings,while the narrow criminal proceedings refer specifically to the suspension of investigation,suspension of review and prosecution and suspension of proceedings.In order to define more clearly the definition of the discontinuance of criminal proceedings,it distinguishes it from the termination of criminal proceedings,and the termination of criminal proceedings only results in the temporary cessation of proceedings,which leads to the end of proceedings and the cessation of all litigation activities.Compared with the postponement trial,the application stage,the application situation and the applicable way of the suspension are different.Through analysis of the criminal proceedings in the legislation is mainly applicable to criminal suspects,the defendant is suffering from serious illness,loss of legal capacity or the decision of a criminal case needs to be based on the outcome of his trial and other unpredictable or unavoidable situation,analysis of its legislative mechanism mainly includes two aspects,one is to protect the criminal suspect,the defendant’s human rights,the criminal suspect and the accused cannot fully exercise their rights of litigation,in cases where the opposing forces are not equal in the lawsuit,the human rights of the suspect and the accused are likely to be violated or even deprived,then the proceedings should be suspended and the second is to guarantee the efficiency under the fair premise,Avoid hasty judgment or indefinite delaying procedure,also can save the national judicial resources to deal with other cases first,carry out the principle of prompt action and realize lawsuit economy.The study of the system of the termination of criminal proceedings is mainly in Russia,Germany,the United States and Taiwan.The suspension of criminal proceedings in Russia is mainly reflected in the suspension of investigation,in the Russian Federation Criminal Procedure Code NO.208,paragraph 1th,provisions of the application of thesuspension of investigation,but there is no provision for the relevant supporting measures,also did not see the suspension of the review of prosecution and suspension of the legal provisions,The suspension system of criminal proceedings in Russia has not been fully formed.Germany’s provisions on the suspension of criminal proceedings are scattered in several articles of the German Criminal Procedure Code,including during the period of the review of prosecutions,when the conduct of criminal proceedings needs to be based on the outcome of other proceedings,the proceedings may be suspended and,at the trial stage,when there is a personal impediment to the respondent,Furthermore,the trial renewal procedure shall be applicable after the suspension of the trial reaches a certain period.The provisions of the German Criminal Procedure Law on the discontinuance of criminal proceedings are not much but operable,and the articles are very representative.The United States criminal jurisprudence determines the standard of incapacity to be tried,and when the defendant is likely to be incapacitated,by examining the capacity of the accused,suspend the proceedings.This review of the capacity of the accused is not only a clear examination of the specialized medical institutions,but also the duration of the provisions to prevent the indefinite process of delay.The Criminal Procedure Law of Taiwan area is more comprehensive than the system of the criminal lawsuit stop.In order to suspend the investigation or suspend the trial of the application conditions,in addition to the criminal suspect,the defendant suffering from mental illness and other cases of loss of litigation capacity,but also clarified that the concurrence of cases need to be based on the results of his case,and set the period of suspension of trial and the expiration of the period.In our country’s legislation or academic research,the criminal proceedings stop system has not been paid attention to,the new Criminal Procedure Law of 2012,after the revision,formally in the legislative establishment of the trial stage suspended the application of the case,but did not suspend the investigation and the suspension of the review of prosecution made provisions.In the subsequent promulgation of the Supreme People’s Procuratorate,"the Rules of Criminal Procedure(Trial)" In 1999,the "People’s Procuratorate" rules of Criminal Procedure,the procuratorial organs in the investigation of investigative cases to suspend investigation and review the prosecution phase of the relevant provisions,So that the investigation organs in the face of special reasons can notterminate the case,and do not meet the conditions of revocation of the case.And the procuratorial organ in the examination of cases in the case of special circumstances can not be in accordance with,and the existing proceedings in the supplementary investigation,compulsory medical treatment,illegal income confiscation procedures can not fully fill the abolition of the review and prosecution phase of the suspension of the review system left blank.There are still many situations in practice where the establishment of a moratorium on investigation and suspension of censorship is urgently needed.The suspended trial system in the present regulations is not perfect in the applicable conditions and the standard of determination,meanwhile,a series of supporting procedures for the suspension of proceedings do not have any provisions in the legislation,which makes the litigation suspension system lacks maneuverability.Through the analysis of the Stop system of criminal procedure in our country and the investigation of the discontinuance system of criminal lawsuit,absorbing the successful experience of the extraterritorial criminal prosecution system,it is necessary to establish a perfect system of criminal proceedings.First,to supplement the legal provisions for the suspension of investigation and the suspension of the review of prosecutions,to stipulate their conditions of application and procedures for examination and approval,and,secondly,to specify the period of suspension.Finally,the operation details of the suspension of the lawsuit,unify the criterion of "serious disease" in the application condition of "the criminal suspect,the defendant loses the lawsuit capacity because of the serious disease",increase the change stipulation that the coercive measure applies in the lawsuit suspension,constructs the resumption and the objection procedure of the lawsuit suspension,Strictly control the procedure of suspending proceedings and guaranteeing the orderly conduct of criminal proceedings.