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审前调查评估是指在判决、裁定宣告前公安机关、人民检察院、人民法院等部门委托司法行政机关对可能判处缓刑、假释的被告人犯罪行为的因素进行调查分析,并对其是否具有再犯罪的危险、是否可以适用非监禁刑罚进入社区矫正出具调查评估意见,人民法院将调查评估意见作为被告人刑罚裁量参考依据。由此可见,审前调查评估是人民法院是否判处被告人适用非监禁刑罚的重要依据。随着社区矫正工作全面深入以及社区矫正各项制度的逐步完善,作为社区矫正的前置环节,对拟适用缓刑的被告人的审前调查评估制度显得尤为重要。本文结合检察实践,就如何做好审前调查评估的检察监督做些粗浅的探讨。
Pre-trial investigation and assessment refers to the judgments, ruling before the announcement, public security organs, people’s procuratorates, people’s courts and other departments commissioned by the judicial administrative organs may be sentenced to probation, parole of the defendant’s criminal investigation and analysis of the factors, and whether it has recidivism The possibility of applying non-custodial sentences into community corrections to issue investigation and assessment opinions, and the people’s court taking the investigation and evaluation opinions as the reference basis for the accused’s discretion. It can be seen from this that the pre-trial investigation and assessment are the important basis on which the people’s court sentenced the defendant to apply the non-custodial sentence. As the work of community correction is deepened and the system of community correction is gradually perfected, as the pre-link of community correction, it is particularly important for the pretrial investigation and assessment system of the accused subject to probation. This article combined with the procuratorial practice, to do some superficial discussion on how to do the procuratorial supervision of pre-trial investigation and appraisal.