开展刑事案件速裁程序试点,保障被告人获得快速审判。2014年6月,全国人大常委会通过《关于授权最高人民法院、最高人民检察院在部分地区开展刑事案件速裁程序试点工作的决定》。2014年8月,最高人民法院、最高人民检察院在北京、天津、上海、重庆等18个城市开展刑事案件速裁程序试点工作,对事实清楚、证据充分,被告人自愿认罪,当事人对适用法律没有争议的危险驾驶、交通肇事、盗窃、诈骗、抢夺、伤害、寻衅滋事等情节较轻,依法可能判处一年以下有期徒刑、拘役、管制的案件,或者依法单处罚金的案件,在遵循刑事诉讼法的基本原则、充分保障当事人的诉讼权利的前提下,进一步简化相关诉讼程序。截至2015年,全国212个试点基层人民法院适用速裁程序共审结刑事案件31086件,占试点法院同期判处一年以下有期徒刑以下刑罚案件的33.13%,占同期全部刑事案件的15.48%。其中,10日内审结的占92.77%,当庭宣判率达95.94%;附带民事诉讼原告人上诉率为零,被告人上诉率仅为2.13%。
规范强制措施,减少羁押性强制措施的适用。刑事诉讼法对羁押性强制措施作出进一步完善,细化了逮捕的条件,明确了作为逮捕条件的社会危险性的具体标准,减少羁押性强制措施的适用,刑事强制措施的适用更加规范,公民人身自由权利保护更加有力。2014年,最高人民法院、最高人民检察院、公安部联合下发文件,明确了换押和羁押期限变更通知的范围、换押程序、通知程序、送达方式等,进一步预防和纠正超期羁押。检察机关严格执行法定逮捕条件和审查逮捕程序,坚持少捕、慎捕。2015年,各级检察机关对涉嫌犯罪但无社会危险性的决定不批捕90086人,对犯罪情节轻微、依法不需要判处刑罚的决定不起诉50787人。建立在押人员羁押必要性审查制度。犯罪嫌疑人、被告人被逮捕后,人民检察院仍对被羁押人的羁押必要性进行审查。发现不需要继续羁押的,建议有关司法机关予以释放或者变更强制措施。2015年,全国检察机关对不需要继续羁押的29211名犯罪嫌疑人建议释放或变更强制措施。
Carry out the pilot program of fast-track sentencing procedure for criminal cases to ensure defendants get speedy trials. In June, 2014, the Decision on Authorizing the Supreme People's Court and the Supreme People's Procuratorate to Launch the Pilot Program of Fast-Track Sentencing Procedure for Criminal Cases in Certain Areas was issued by the Standing Committee of the NPC. In August, 2014, the Supreme People's Court and the Supreme People's Procuratorate were authorized to launch a pilot program of fast-track sentencing for criminal cases in 18 cities including Beijing, Tianjin, Shanghai, and Chongqing. It concerns cases involving dangerous driving, traffic offenses, theft, fraud, forcible seizure, personal injury, picking quarrels and making trouble, or any other violation where the circumstances are minor and the accused may be sentenced to imprisonment of not more than one year, criminal detention, control, or a fine. If the facts are clear, the evidence is sufficient, the defendant voluntarily confesses to the crime, and the parties do not dispute the application of law, the relevant procedure shall be simplified, provided that it is in conformity with the basic principles of the Criminal Procedure Law, and the litigation rights of the parties concerned are fully protected.
By 2015, 31,086 criminal cases suitable for the fast-track sentencing procedure were concluded in 212 pilot courts at the primary level nationwide, 33.13 percent of all cases involving imprisonment of not more than one year in the same period in pilot courts at the primary level, representing 15.48 percent of all criminal cases in all courts nationwide. 92.77 percent of these were concluded within 10 days, and the pronouncement rate in court was 95.94 percent; the appeal rate of the plaintiffs with incidental civil action was zero and that of defendants was only 2.13 percent.
Regulate compulsory measures and reduce application of compulsory custodial measures. The Criminal Procedure Law further improved compulsory custodial measures, refined conditions for arrest, defined the social risk criteria of offences and reduced the application of compulsory custodial measures to standardize the application of criminal coercive measures and better protect citizens' rights of personal freedom. In 2014, the Supreme People's Court, the Supreme People's Procuratorate, and the Ministry of Public Security jointly issued documents to specify who should be notified when there are any changes in the place or time of custody, procedure of custody change, notification procedure and form of delivery, etc. as another attempt to prevent and correct extended custody. The procuratorial organs strictly abide by arrest conditions and procedures prescribed by law, with a view to being prudent when making arrest decisions and reducing the numbers of arrests. In 2015, the procuratorial organs at all levels decided not to arrest 90,086 people suspected of crimes but posing no social danger, and decided not to prosecute 50,787 people accused of minor offenses but not subject to punishment according to law. A review system on the need for custody has been established. After the arrest of criminal suspects and defendants, the people's procuratorate still conducts a review on the necessity of keeping them in custody. If this is not necessary, it would suggest the relevant judicial organs release them or modify the compulsory measures. In 2015, procuratorate organs nationwide advised the release of 29,211 criminal suspects who needed no continued custody or whose compulsory measures be changed.