论文部分内容阅读
酌定不起诉功能的充分发挥有赖于对其适用条件的规范化判断。酌定不起诉的适用条件之间呈现出一种递进式的层次结构。“犯罪情节轻微”对应的刑罚量应限定在3年有期徒刑以下,且不存在从严或从重情节。“依照刑法规定不需要判处刑罚或者免除处罚”包括依照刑法规定不需要判处刑罚和依照刑法规定免除处罚两种情形,对此应分别判断。“可以作出不起诉决定”应当被理解为人民检察院原则上应予作出不起诉决定,只有在例外情况下才可作出起诉决定。
The full play of discretionary non-prosecution depends on the standardized judgment of its applicable conditions. There is a gradual hierarchy between the conditions under which discretionary non-prosecutions apply. “Minor criminal cases ” corresponding to the amount of penalties should be limited to 3 years imprisonment, and there is no strict or serious offenses. “In accordance with the provisions of the Criminal Law does not require sentence or exemption from punishment ” Including in accordance with the provisions of the Criminal Law does not require sentenced to punishment and punishment in accordance with the provisions of criminal law two cases, which should be judged separately. “The decision of non-prosecution can be made” should be understood as that the People’s Procuratorate should, in principle, make a non-prosecution decision, and the prosecution decision can be made only in exceptional circumstances.