Applicable Conditions Of The System Of Approved Prosecution

The approved prosecution system,also known as the "extended prosecution system",refers to a special system in which the procuratorial organ can continue to investigate the criminal responsibility of the criminal after the criminal case has exceeded the prosecution period stipulated in the criminal law.The approved prosecution system clearly points to those criminal cases which are harmful to the crime and have a great social impact,so that the social order is still difficult to restore many years later.There are many problems in the application cases,evidence conditions and approval standards of the approved prosecution system.After analyzing and summing up the academic debate and the experience of guiding cases,the author thinks that in the application of approved prosecution cases,on the one hand,when determining the statutory maximum punishment of the offender,we should consider the separate criminal law;on the other hand,we should exclude the cases that meet the extension of the limitation o f prosecution and the interruption of the limitation of prosecution;In terms of the evidence conditions for initiating the approved prosecution,we should follow the provisions of the current evidence law,take into account the efficiency of handling the case,and set up an independent standard of proof for the approved prosecution system;When approving the prosecution of specific cases,we should implement the principle of subjective and objective consistency,and comprehensively consider the factors of the offender,the victim and the society.In short,the system of limitation of recourse and the system of overdue prosecution are the unity of opposites.It is the principle to follow the limitation period of prosecution and the exception is overdue prosecution;In the case of over-term prosecution,the extension of limitation and interruption of limitation are general exceptions,while the authorized prosecution is a special exception.In practice,we should prevent the abuse of the system of prosecution approval,adhere to the principle of "not approving,and take approval as the exception".To ensure the prudent application of the system in practice.