The proceedings from the path of an ordinary criminal case at

Extended custody

The sun gives humans a selfless sun, sun rays in the morning to wake up from sleep, free people to bask in the warmth of the sun. However, for the custody of criminal suspects, defendants in custody, with barbed wire walls, heavy, dark iron gate, nervous, guarded, but seems to be blocking the selfless sunshine, freedom and the sun seemed to be a distant dream. Relative to the inner freedom, sunshine longing and yearning, perhaps, they are waiting for the final judgment is the law.

A free citizen once identified suspects by the compulsory measures in the criminal procedure law, the illegal detention may encounter a longer period or indefinitely. No doubt, in the criminal procedure, custody belongs to the restriction of personal liberty is the most severe measures, extended detention and torture to extract confessions, witness not appearing in court is three flaws of criminal procedure. We are now in an ordinary criminal case, explore the causes of different links from the litigation approaches the phenomenon of overdue custody. But we were not on this case itself demanding what, just take it as a carrier, make a practical analysis on the phenomenon of overdue custody.

Et is a process of pain and agitated, waiting for the criminal verdict ordinary people cannot experience, but it is definitely a more painful process, enough to make people be always on tenterhooks all day for. In a profound experience of the feeling of waiting. Waiting for a decision as long term will make his imprint is engraved on my heart. In the ordinary people who seem to be a record of the litigation path boring date, of the detained person it means freedom and the relentless passage of time.

The case is actually very simple, very ordinary. After being laid off in a searching for ways to make money, mad about money and defy the law.In May 19, 2001, Leroy with young Yang, Jiang XX to Guangdong work for star two people cheat to Guangdong Conghua Lu Tian Zhen and accomplice Jiangmou rendezvous, threatening to means of control, stress, Jiang Yang two people, organized prostitution. In July 18th the same year was arrested on suspicion of the Public Security Bureau, forced prostitution in July 22nd was criminal detention, in September 10th the organization prostitution was arrested. According to the criminal law sixty-ninth stipulation, the shortest term of criminal detention for 3 days, under special circumstances and for people who commit crimes, repeatedly commit crimes, gang crime suspects for up to 37 days. From July 22nd to September 10th, when the length of 1 months and 18 days, even for a long period of detention shall meet the conditions, he has also been extended detention.

In October 31, 2001, the people's Procuratorate to send the case to the people's court, in November 23rd the same year the court is not a public hearing the case. In December 3rd, the procuratorate to case fact, evidence for changes, to withdraw the prosecution. The same day, the court granted the withdrawal of the criminal ruling (this is a referee fastest efficiency). On 7 August the prosecution again in case of public prosecution, the court did not trial again, but made a verdict, to the organization prostitution crime and sentenced to a thirteen year prison term, deprived of political rights for three years, also impose a fine of RMB three thousand yuan. Criminal judgment on the date an impressively: November 29, 2001. It made in December 3, 2001 to allow procuratorate withdrawal decision, and make judgments on the case in the previous November 29th. The obvious violation of legal procedure, but the judge ignored (I do not know Is it right? Deliberately and to). Can say, the justice of the procedure relative disregard, resulting in a few cases, the quality is not high, it is difficult to determine the contents of the judgment and execution, resulting in detention was extended.

In a verdict of the first trial, inIn January 9, 2002 the appeal. Because the trial process, the intermediate people's court ruled in March 11, 2002, revocation, sent the case back to the county people's court re trial. Intermediate people's court in April 3rd of the same year a dossier to the court of first instance, and commissioned by the county court for sentencing and served the ruling. In May 8th the same year, in a received the court of second instance in criminal verdict. According to the provisions of the criminal procedure law, the people's Court of second instance appellate cases, shall be concluded within one month, not later than one month and a half. But the appeal to receive the order of second instance, but to a whole waiting for four months. He will continue waiting, waiting for the reopening of the case the court of first instance result. He did not know that a judge will let him wait for how long, will also be a kind of results. He hoped the review process is no longer new branch. In accordance with the law, the court of first instance shall receive remanded date, re calculation time. So for a detention will extend. If the extension of the term is only limited in duration, should be without rebuke. But because the detention period entirely dependent on deadline, and with the extension of extended automatically, without any special examination and approval procedures, the legitimacy, rationality, fairness is questionable.

From an ordinary criminal cases in the litigation stage operation path of view, can be divided into trial and non trial of two links with. Look for from the trial judge link, program awareness is not strong lead to extended trial phenomenon, and thus caused to the defendant's extended custody. At the same time, some criminal case complicated, some suspects in criminal cases is numerous, the number of crime, and some are related to a variety of professional knowledge of different, such as computer, notes and so on, some with economic disputes, illegal different legal relationship are intertwined, lead to difficulties in the case concluded within time limit. I heard a case of false value added tax invoice case, the false value added tax invoices of as many as one one copies, verification is not easy. And as I Jiang Mou is suspected of gangdom organization crimes, one is the defendant reached25 people, suspected of making more than 10 charges, the case involves square respect area, a 170 page report on the trial, more than 10 words, the number of pages of over one million, and the case was listed as the national "crime crackdown" one of the cases, investigation, prosecution, trial process had many times respectively to the province, city class Party committee, politics and Law Committee and provincial high court. Criminal justice is a pursuit of height, height of true justice activities. If the procedure is the last line of defense to protect the justice of trial, so is the line the most crucial point. From a certain perspective, irreconcilable contradiction between trial, careful and rational "uniform" trial period.

Non judicial link and can be divided into non trial the prosecution of non trial time and Sue for. The former includes the investigation organs, procuratorial organs investigation, prosecution and arrest by. These legal although there are clear limits, but that is probably due to various circumstances have been extended, the detainee in waiting, watching the freedom and the passage of time, a Xinjiang Uygur people in the location of suspected of intentional injury crime (lethal), because the defendant said Uighur locally and can not find a translation, this one is three years. The latter includes the investigation organ for supplementary investigation, prosecution and defense lawyers, judicial identification when using, can also include the legal documents issued, printing, delivery time. In judicial practice, many cases of extended trial by trial operation of non department is not timely, occupy the trial time caused by. Non judicial departments lack of sense of responsibility to the deadline, time is too long, artificially increased the possibility of extended trial. For example, according to the provisions of the criminal procedure law of our country, to do during the determination of mental illness are not included in the deadline, but other identification in addition to identification of mental diseases such as identification of the use of time is not excluded from the trial period. If the parties mutually dissent, disability identification may from the county to the city to the provincial level identification of national institutions to do, spent more time it is self-evident. Hunan Taojiang County food company employee Liu Jilan for water collection of things and the company union chairman Wen Xuejun disputes, Liu was picked up the cement block hit the temperature of the head. The class were commissioned by the Taojiang County Public Security Bureau County Court was seized by the Taojiang County Public Security Bureau, was seized by the Yiyang City Public Security Bureau and was used to the identification, identification of the conclusions were slightly injured, wounded, injured (focus). The case transferred to the procuratorate, Taojiang County procuratorate commissioned by the provincial procuratorate identified as minor injuries. Identification of a case should have so much. The repeated identification, the defendant has been under detention and shall not release.

Come back in a the case, whyIn March 11th the ruling of the book, in May 8th to reach the defendant in a hand. In fact, the ruling stated on March 11th just a collegial panel to review the case and make the results to date, not rule in the book that has been "released". Panel, the case the trial people need according to the case and the court made the ruling, after the production of long trial (or hospital leader) issued to the Department of printing, printing. Ruling out, because of the restriction of human, financial and other factors, directly to the appellant hands not, also has office, send and receive link carrier custody to court and sentenced. From March 11th to May 8th, the 1 months and 27 days is the non judicial process waste of time. Back from the April 3rd to May 8th served the ruling way, county court and city center 53 km but walked exactly 35 days to reach. The court case is extended to the time and the non delivery time is correct, it will increase the possibility of extended custody.

However, in this case because it is a collegial panel directly to adjudicate, delay time is not long. We have a look in an ordinary criminal cases. The defendant set a rape case, city people's Procuratorate inThe appeal on 29 May 2002 the Municipal Intermediate Court, the court in June 29th of the same year the case without public hearing, and on the same day of collegial panel, but the case for significant (please note this is a fuzzy concept) should be submitted to the judicial committee for discussion. For tabled more cases, judicial committee period is short, and affected by non judicial affairs of interference factors, the case for 1 months and 20 days in August 19th was submitted to the judicial committee for discussion. The president again according to discuss the decision of the judicial committee written judgment, then by certain procedures, time after delivery to the defendant. Decoupling between the trial and verdict, one reason reviewers not sentence, sentence tend not trial status and administrative jurisdiction is also extended trial. Such cases of extended, the board hit who's ass? In recent years, the trial stage there are some arbitrary detention beyond the "legal" period, and the period of detention and deadline of integration, and there are a lot of statutory deadline to suspend the plot and the infinite extension, is likely to lead to the problem of.

In June 7, 2002, the county court to trial in a case. In June 20th the same year, the Institute made second decisions: to make the organization prostitution crime, sentenced to ten years in prison. In June 25th, he had been waiting for nearly a year long sentence finally sent his hands. He didn't want to go into the waiting for the pain, decided not to appeal, after all, go to today this one pace, severely punished by law is deserve one's punishment. The appeal court after the time limit, to the detention center sent the notice of execution, he was sent to prison, he will accept labor reform in the loss of freedom but full of sunshine in prison.

After nearly a year of time, litigation has finally come to an end. The prosecution case -- from accepting the case -- the pre-trial hearing -- -- the collegial panel (part of the case to be discussed by the judicial committee) -- the production of legal instruments -- -- -- issued print service, this is a case that must be experienced and cannot be omitted all links of the departments and personnel, due to different aspects of the, time be a little bit of consumption. No one will go to ask for the litigation process, each link is in compliance with the statutory time limit problems. This is just an ordinary criminal case, even though the middle slightly tortuous, but in any case is not serious cases, than by the extended detention of12 years and also the sinless Yang Zhijie et al., in a lucky, and he is indeed guilty people, in accordance with the provisions of the criminal law, he was taken into custody period may be to be shortened. However, we think, if the sentence second times after he again appeal, if the retrial procuratorial organs put forward after supplementary investigation or prosecution to withdraw, if a, the second instance court due to legal reasons decide cases deferred trial, if again after the appeal court of first instance fails to put the files transferred to the court of second instance...... And so on and so on in under the circumstances, the possibility of criminal suspects, defendants were extended custody is increasing and becoming a reality. But in the eyes of the judicial organ, all of which is legal, but also no ground for blame. Suppose that a final was sentenced the defendants have sentenced to one year, after investigation, prosecution, trial of the complex operation, the judgment to the defendant's hands, he has been in detention in custody for two years, the constitution of the legal protection of personal freedom of citizens rights mentions from where.

The rule of law before the court for anyone to make legal evaluation guilty and sentenced to a punishment, must respect the basic presumption of law: the innocent people in the law. According to the principle of presumption of innocence, the suspect, the defendant is not the law criminals, also should not be similarly treated like criminals. Since all coercive measures is the most severe measures, detention should be the most strict restriction, judicial shall not arbitrarily break the "statutory time limit".