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在我国欠缺完善的羁押制度而导致高羁押率和长羁押期限的现实背景下,在押人员未决羁押表现能否作为量刑情节纳入量刑建议已成为监所检察关注的重要课题。未决羁押表现作为量刑情节纳入量刑建议具有合理性、合法性和现实价值,有利于维护监管秩序稳定、维护在押人员合法权益、有利于审判机关正确量刑、促进刑事案件办理。建议将未决羁押表现证明材料列入证据之列,建立未决羁押表现的评价标准、考核机制和操作程序并落实配套措施。
Under the background of the lack of perfect detention system in our country which leads to the high detention rate and the long term of detention, whether the performance of the detained detainees in sentencing can be included in the sentencing suggestion as the sentencing circumstances has become an important issue that prosecutors pay attention to. The inclusion of the performance of pending custody as a sentencing sentence in a sentencing proposal is reasonable, legitimate and realistic in value, is conducive to maintaining the stability of the regulatory order and safeguarding the legitimate rights and interests of detainees, and is conducive to the correct sentencing of judicial organs and the handling of criminal cases. It is suggested that the evidence of the performance of the pending detention be included in the evidence, the evaluation criteria, assessment mechanism and operational procedures for establishing the performance of the pending detention should be established and the supporting measures should be implemented.