Advisory category: Not check
Advisory content: Criminal procedural law sets the 282nd times only " people procuratorate is in make the decision that adds a condition to be not sued previously, the opinion that ought to listen to public security mechanism, the injured party " , did not set ought to listen to paraclete opinion. But " lawsuit of people procuratorate criminal is regular (try out) " have this demand. The problem of existence is, in case of crime of a few minor, below the situation that did not trust paraclete, procuratorial work mechanism gave out law to help advice note help an orgnaization to local law, but till case careful writtens guarantee deadline at the expiration of one's term of office, this locality law helps an orgnaization still not assign helps a lawyer, cannot listen to paraclete opinion. Below this circumstance whether make add a condition to be not sued? (advisory person: Liu Yin of procuratorate of city of pacify of Yunnan province music)
Solve expert poplar to cheat a brook: " lawsuit of people procuratorate criminal is regular (try out) " the 492nd the 2nd section provision, "People procuratorate is in make the decision that adds a condition to be not sued previously, the opinion of the legal agent that ought to listen to suspect of public security mechanism, the injured party, minor crime, paraclete, make note add roll. " " job of minor criminal procuratorial work is how-to (try out) " (tall check is sent not 2017 〕 of check word 〔 1) the 185th the 1st section provision, "People procuratorate is in make before adding a condition not to sue a decision, ought to ask for minor crime suspect to reach its the opinion of legal agent, paraclete. When seeking an opinion, ought to let its are learned in the round and understand the basic content that plans to add a condition not to sue a decision, include applicable the legal basis that adds a condition to be not sued, applicable program, relief program, inspect program, additional obligation and the legal consequence that add a condition to be not sued to wait, give proper time safeguard. When necessary, can suggest minor crime suspect reachs his legal agent and its paraclete undertake be communicationed adequately, on the foundation of accurate understanding and overall balance, offer an opinion " . Accordingly, "Ought to " listen to (ask for) paraclete opinion and rather than " can " listen to (ask for) the regulation of paraclete opinion is clear. The safeguard that closes right increase from minor and the legal consequence that add a condition to be not sued set out, till make,ought to examine in the case before adding a condition not to sue a decision, supervise and urge fulfil law to help a lawyer, listen to paraclete opinion, suggest legal agent and paraclete are communicated adequately, avoid to appear " till case careful writtens guarantee deadline at the expiration of one's term of office, still not assign helps a lawyer " circumstance.
Advisory category: Case canal
Advisory content: " lawsuit of people procuratorate criminal is regular (try out) " the 36th regulation, people procuratorate is received oneself move send 3 days of less than since the day that examines prosecution case data, public prosecution branch ought to inform guilty suspect to authority entrusts paraclete, if economic difficulty is other perhaps,inform its the reason did not invite paraclete, can apply for legal aid. The 49th sets, counsel for the defence perhaps consults to people procuratorate through other paraclete of the license, estreat, duplicate the records data of this case... arrange paraclete to remove 3 workaday less than to read from this day roll, public prosecution branch ought to give cooperate. Denounce time is divided inside 3 days excuse me, whether to include holiday. (advisory person: Liu Jianhua of procuratorate of city of Guangdong province in relief river)
Solve flourish of expert forest admire: Hello! The time that divide denounce is the regulation on civil code general principles, do not apply to criminal procedural law. According to criminal procedural law the 105th sets, last days during are holiday, with the full date of the first day of by a definite date after holiday, but person of guilty suspect, the accused or during convict be in custody, ought to come till expiring day, must not lengthen because of holiday.
Supervise the manufacture of: Su Antian
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