2010年11月13日星期六

Posted: Taiwan before the trial judge that he had to drop? _ also laughing

It is reported, the four major scandal has Chen Shui-bian sharing, Taiwan prosecution 12, has been prosecuted. But the next day in the morning, the Taipei District Court has ruled that there was no need for the continued detention of Chen Shui-bian, released, but not to their departure. Case no Tribunal, "the prisoner" how you can put ? I believe many people will find it very strange, since it is contrary to the common law's "imagine" — a person who is guilty of the case, or is suspected of a crime, there must be caught in it, determine if there is no sin to be released, if you haven't tried to drop out, then it must surely be Maoni, corruption ... And look at Taiwan judge gives the release of the reasons is that "detention is finally reluctantly wunaizhiju, instead of the necessary actions, flat no fugitive may, no conspiracy card of", so there is no need to continue the custody of him. Jump to open flat case sensitivity, the Taiwan court actually pre-trial is placed "the prisoner", may give the channel side some deeper thinking. Now the rule of law principle has been accepted by the majority of countries, i.e. a person not subject to the law the trial before the Court are innocent. So since before the sentence is innocent, why have criminal detention, arrest, "innocent person" catch up ahead? "in fact, all the countries of the world have similar enforcement measures, but the peremptory writ, criminal detention, arrest, and other purposes, and not to the suspect to make" punishment "in advance, but in order to guarantee the normal criminal procedure for — popular to say, if the suspect is first arrested, he may continue to wreak havoc on crime,; he might go to threaten witnesses, even murder to silence; he may and Associates tallying confessions ... My article 61 of the criminal procedure law stipulates these scenarios. Any one country's judiciary can allow this to happen, so to keep suspects first arrested, to guarantee the normal criminal procedure. Conversely, if the suspect does not continue to crime and nuisance cases for possible, for example, some non-violent crime, or a number of cases, less-severe even guilty, in a very lengthy criminal proceedings, forensics, investigations are often over the years, it is not necessary to shut these suspects, bail, surveillance, and other measures. This not only for humanitarian and reduce the cost of Justice is also the legitimate rights of ordinary citizens. This is the modern conception of the rule of law: criminal justice in the pursuit of Justice, but also to protect the legitimate interests of the parties, not abuse of coercive measures, to the party concerned unnecessary suffering. Someone finally found guilty, sentenced for three years, in fact, his pre-trial has been off 4 years, this rule of black humor, in China is not happened. In the news these days, the United States black water security companies several bodyguards because Iraq had deliberately kill innocent civilians were brought to court, interestingly they dress with packages and their own lawyers, stroll around went into court impression, our defendant before the Court should be shaved bald, handcuffed, hounded by judicial police officers face the unlucky criminals. Original in the United States, the vast majority of suspects in court before they can release on bail, it is not necessary to stay in jail for old rice. This is the absolute most of the country. But this idea in China's acceptance is still very low – on the one hand, if you do not have custody of the suspect, public pressure is great, the judiciary is not willing to risk the "political risk" bail on the law on parties. On the other hand, is China's judicial system personnel the DMV, humanitarian criminal policy open to abuse. Therefore, individual jurisdictions prefer "illegal" suspect in custody, to "the law" on the suspect bail release, resulting in a de facto "victimizing". It also spawned another phenomenon unique to China — out of the question, in order to "assuaged" willy-nilly to grasp. For example, mine disaster, accident or death of campus incident, etc group, a group of injury, the news there is a "responsible person has been police control", what is it? the company did not involve crime are not understood, first shots. Seem to grab people became the goal itself. A modern law and civilized countries, civil law is higher than the arrests, murder and peaceful public anger, the final appeal in the justice system. Source: Tencent http://view.news.qq.com/a/20081216/000027.htm

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