论文部分内容阅读
司法实践中,因看守所与监狱之间衔接机制不健全,对已决待送阶段的立功情节如何认定不明确。对此,应加快立法步伐,建立完善看守所与监狱之间已决待送罪犯立功情节认定衔接机制。一、关于已决待送罪犯立功情节不能及时认定的原因分析首先,看守所与监狱的主体职能不同。根据《看守所条例》规定,看守所是羁押依法被刑事拘留、逮捕的犯罪嫌疑人、被告人的机关;被判处有期徒刑一年以下或者余刑一年以下,不便送往监狱执行的罪犯,
In judicial practice, because the mechanism of cohesion between the detention center and the prison is not perfect, it is unclear how to determine the meritorious merits of having decided to send the stage. In this regard, we should speed up the pace of legislation, establish and perfect the mechanism for determining the meritorious service between the detention center and the prison that is ready to send criminals. First, on has decided to send criminals meritorious service can not be identified in time the reasons for analysis First of all, the detention center and the prison’s main functions are different. According to the provisions of the “Detention Center Regulations”, a detention center is the organ that detains suspects and accused under criminal detention and arrest according to law; those who are sentenced to imprisonment of not more than one year or one year or less,