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检察官裁量权是所有刑事司法体系中的一个重要概念,同样也适用于国际法层面。前南和卢旺达国际刑事法庭成立至今已有十余年,检察官裁量权的运用过程中也凸显了一些困惑与难题。一方面,检察官被授予的权力的裁量性构成了对其独立性以及整个国际司法机制的独立性的保障。然而另一方面,其深远含义和重要属性也同样令人担忧,因此必须谨慎地设计和限制以防止其越权,以免葬送整个国际刑事司法的未来。
Prosecutor discretion is an important concept in all criminal justice systems and equally applies to the level of international law. The International Criminal Tribunal for the Former Yugoslavia and Rwanda has been in existence for more than ten years and the application of the discretion of the prosecutor has also highlighted some puzzles and difficulties. On the one hand, the discretion of the Prosecutor to be granted powers constitutes a guarantee of his independence and of the independence of the entire international judicial mechanism. On the other hand, however, their far-reaching and important attributes are equally worrisome and must therefore be carefully designed and limited to prevent them from being over-represented in order to avoid the future of the entire international criminal justice.