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当前,我国渎职犯罪案件审判中适用非监禁刑过多的问题比较突出,严重影响了反腐败斗争的深入开展。对此,最高人民法院、最高人民检察院于2012年下发了《关于办理职务犯罪案件严格适用缓刑、免予刑事处罚若干问题的意见》。检察机关反渎职侵权部门有必要将深挖渎职背后贪贿犯罪作为一个重要的办案理念,推动案件侦查从“单罪名”向“多罪名”转变,促进实刑判决率不断提高,使反渎工作实现法律效果、政治效果和社会效果的有机统一。
At present, the problem of applying too many non-imprisonment penalties in the trial of dereliction crime cases in our country is quite prominent, seriously affecting the further development of the anti-corruption struggle. In response, the Supreme People’s Court and the Supreme People’s Procuratorate issued in 2012 the Opinions on Several Issues Concerning Strict Application of Probation and Exemption from Criminal Punishment for Official Crime Cases. It is necessary for the anti-dereliction and infringement department of procuratorial organs to take the crime of embezzlement and bribery behind the dereliction of duty as an important concept of case handling and to promote the transformation of the case investigation from “single charge ” to “multiple crimes ” so as to promote the continuous increase of the judgment rate Anti-malfeasance work to achieve the legal effect, political effect and social effects of the organic unity.