Investigation Report On The Protection Of The Rights Of The Accused In The Criminal Speedy Procedure

In June 2014,the Ninth Session of the Standing Committee of the Twelfth National People’s Congress passed the "Decision on Authorizing the Supreme People’s Court and the Supreme People’s Procuratorate to Execute Pilot Work on Criminal Cases for Fast-Cut Procedures in Certain Areas",and decided to carry out the trial work of expedited criminal cases in 18 cities,including Beijing.Tianjin and Shanghai.In August of the same year,the Supreme People’s Court,the Supreme People’s Procuratorate,the Ministry of Public Security,and the Ministry of Justice(hereinafter referred to as “two highs and two ministries”)jointly promulgated the “ Measures on Conducting Pilot Work on Expedited Criminal Cases in Certain Areas”(hereinafter referred to as 《Quick Arbitrament Measures》),officially launched a two-year pilot work.As of August 2016,the trial of the criminal expedited procedure has been successfully concluded,and good results have been achieved in various procuratorates and courts.Based on this,in October 2018,the Criminal Procedure Law adopted by the Sixth Session of the Standing Committee of the 13 th National People’s Congress formally introduced the "expedited procedure" into the code,which became another legal procedures beyond the ordinary and summary procedures of criminal proceedings.The criminal speedy procedure aims at "improving efficiency" and the goal of "quick determination",which effectively relieves the pressure of numerous cases in judicial practice.However,while the expedited procedure is very effective,it also faces many controversies,such as the formality of court hearings and the low application rate of non-custodial sentences.Among them,the “speed” of the expedited procedure and the “interests” of the prosecution’s participation in the proceedings are ignored."The problem is particularly significant.The history of the development of criminal procedure law has always been guided by human rights protection.The human rights protection of the person being prosecuted is even more important in criminal proceedings,but the expedited procedure is a very simplified procedure,and the primary value goal it pursues is the efficiency of litigation,it will inevitably reduce some of the rights of the person being prosecuted.Therefore,it is an important proposition that how to effectively guarantee the prosecuted person’s litigation rights with "fairness" as the core during the application of the procedure.This article intends to discuss the relevant issues of the protection of the right of the prosecuted person in the criminal expedited procedure from the following four aspects:The first part is the discussion of the main categories of rights enjoyed by the accused in the fast-track criminal procedure,including the right to know the procedure,the right to choose the procedure,the right of legal aid and the right of preferential treatment of sentences.These four rights are rights that cannot be simplified in the speedy procedure.The rights of the accused in the criminal expedited procedure are the basis of the protection of the prosecuted person’s rights,and are also the issues that should be focused on during the construction of the expedited procedure.The second part is the empirical part of the thesis.It mainly describes the current status of the rights protection of the respondent in the expedited procedure through the data of my investigation in the internship process of the P procuratorate in G city,and briefly explains the basis of the achievements.In the first part,we will focus on the problems of the defendant ’s rights protection in the expedited procedure,starting from the four aspects of knowing the rights protection is insufficient,the exercise of the right to choose procedures is limited,the right of legal aid is superficial,and the right to preferential sentencing is relatively low,which is also the focus of the writing of this part.The third part is based on the analysis of the reasons for the protection of the right of the respondent in the expedited procedure,including the value orientation that emphasizes efficiency over justice,the lack of the right to start the procedure and the right to change,the function of the duty lawyer system is blurred,and the sentencing norms are difficult to operate.The lack of protection of the rights of the respondent is caused by various factors,but the main reason is still the lack of legislative regulations;then,the procuratorial organ’ s inadequate implementation of the relevant provisions of the expedited procedure also affects the protection of the rights of the respondent.Finally,the fourth part is aimed at the problems in the application process of rapid arbitration procedure,and then puts forward the improvement of the protection system of the rights of the person prosecuted in the process of quick criminal adjudication,to ensure that on the basis of improving efficiency,more attention should be paid to the protection of the human rights of the accused,so as to ensure that the protection of the rights of the accused in the expedited arbitration process will be on the right track as soon as possible.