【摘 要】
:
2012年初,《刑事诉讼法》修正案正式通过,外国人犯罪案件的管辖权正式由各中级人民法院下移至基层人民法院。由于检察机关的审查批捕、公诉权受人民法院审判管辖权的约束和影
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2012年初,《刑事诉讼法》修正案正式通过,外国人犯罪案件的管辖权正式由各中级人民法院下移至基层人民法院。由于检察机关的审查批捕、公诉权受人民法院审判管辖权的约束和影响,此类案件的审查批捕、公诉工作自然随之由基层检察机关承担。面对这一新任务新要求,基层检察机关面临着诉讼观念、队伍素质、专业技能等诸多方面的考验和挑战。本文通过对当前外国人犯罪案件的现状分析,归纳出基层检察机关在应对外国人犯罪案件管辖权下移方面准备不足之处,并有针对性地提出应对措施。
In early 2012, the amendment to the Code of Criminal Procedure was formally passed and the jurisdiction of criminal cases involving foreigners formally moved down from the Intermediate People’s Courts to the people’s courts at the grassroots level. Due to the procuratorial organ’s examination and apprehension, the prosecutorial power is subject to the jurisdiction and jurisdiction of the people’s court of trial. The examination, arrest and prosecution of such cases are naturally followed by the procuratorate organs at the grassroots level. Faced with this new request for new tasks, the procuratorate at the grassroots level face challenges and challenges in many aspects such as litigation concept, team quality and professional skills. Based on the current situation analysis of the criminal cases of foreigners, this paper concludes that the procuratorate organs at the grass-roots level have inadequate preparation for lowering the jurisdiction of foreigners’ criminal cases and put forward some countermeasures accordingly.
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