Public welfare speech by Lin Bangliang, procurator general of Nantou District Court, "Hong Junpei Culture and Education Foundation"

Public welfare speech by Lin Bangliang, procurator general of Nantou District Court, "Hong Junpei Culture and Education Foundation"

(Taiwan Business Daily News) on Saturday, this newspaper and the Hong Junpei Culture and Education Foundation invited Lin Bangliang, procurator general of the Nantou District Court Procuratorate, to give a lecture on "suspending the effect of social justice" to explain to the public the significance and effect of deferred prosecution on the modern rule of law.

If you want to know what is "deferred prosecution", you must first understand the meaning of "prosecution" in the criminal procedure law. A person who commits a crime stipulated in the national criminal law will be punished by penalty. As for whether the crime should be established? What penalties do you have to be punished? A decision can only be made after a trial is conducted by the court in accordance with the procedures stipulated in the Criminal procedure Law. In order to show the fairness of the trial, the court can not try the criminal cases occurred in the society at will, and must go through the procedure of prosecution before the court can conduct the trial according to the "lawsuit" filed. So the lawsuit is the object of the court trial.

What is the content of the lawsuit? The content of the lawsuit includes the defendant to be tried in court and the facts of the crime. Who has the right to file a "lawsuit" to ask the court for trial? The Criminal procedure Law divides the prosecution into two categories: the prosecution initiated by the prosecutor who prosecutes the crime on behalf of the state is called "public prosecution"; the prosecution initiated by the victim of the crime is called "private prosecution". Deferred prosecution is some measures to transform prosecution stipulated in the procedure of public prosecution. The private prosecutor of the private prosecution procedure does not have these rights.

It is easy for us to understand the meaning of postponement of prosecution literally, because the word "postponement" means postponement. By adding the word "postponement" to the word "prosecution", it is obvious to tell us to postpone the case that was originally intended to be brought to court and not to prosecute for the time being. As mentioned above, the "complaint" to be filed with the court consists of two parts: the defendant and the facts of the crime. Therefore, the case of postponement of prosecution must be that both the defendant and the facts of the crime have been confirmed, but there will be no prosecution for the time being. In cases where the facts of the crime are clear and the evidence is irrefutable, in order to open a way for the truly repentant defendant, the prosecutor is allowed to have the right to suspend prosecution against such defendants.

During a certain period of suspension of prosecution, the defendant can maintain good behavior and does not violate the conditions for suspension of prosecution, then the facts of the crime for the purpose of postponement of prosecution will be written off, exempting him from litigation and punishment. The current deferred prosecution system stipulates that as long as the defendant commits a felony that is not a heinous crime, the means of the crime are not very cruel, the attitude after the crime is good, and the victim shows that he wants to forgive him, he will have a chance to be suspended by the prosecutor. While making a stay of prosecution, the public procurator may, in accordance with the provisions of Article 253 bis, order the defendant to perform certain conditions or burdens. Such as apologizing to the victim, writing a letter of repentance, making appropriate damages to the victim, paying a certain amount to the public treasury or designated public welfare organizations, local self-government organizations, and providing more than 40 hours of labor services to designated public welfare groups, local self-government groups or communities.

If, within the period of suspension of prosecution, the defendant intentionally commits a crime of fixed-term imprisonment or above, or intentionally commits another crime before the suspension of prosecution, and is declared to be sentenced to fixed-term imprisonment during the period of suspension of prosecution, or fails to perform the conditions or burden to be performed, in accordance with the provisions of paragraph 1 of Article 353 ter, the public procurator may, in accordance with his or her functions and powers or upon the claim of the person, revoke the original suspension of prosecution with a letter of punishment. And then resume the original investigation procedure.

The function of deferred prosecution (for the government): lighten the financial burden of justice and prison administration, increase treasury revenue, make punishment play the dual role of intimidation and education, turn instead of completing execution, and innovate the function and value of judicial system.

The function of the deferred prosecution office (for society); to solve the social problems of minor criminal cases by social forces, to integrate community resources, and to urge people living in the community to participate in community construction through the subsidy of deferred prosecution and voluntary labor services. it is helpful to awaken the collective consciousness of the community and mold the high-quality cultural function of public affairs. To provide the reference basis for more specific evaluation and approval of subsidies by the competent authorities for the community or public welfare organizations. Inject vitality into the development of communities and communities.

The function of deferred prosecution (for the victim): taking into account the wishes of the victim, in the case of the complainant or the victim, the prosecutor shall consult the plaintiff or the victim first with regard to the matters listed in paragraph 1 of Article 253 (2) of the Criminal procedure Law during the suspension of prosecution and the designation of the defendant to comply with or perform the matters listed in paragraph 1 of Article 253 (2). (the procuratorial organ deals with the main point 3, paragraph 4 of the operation of deferred prosecution); attach importance to the function of feeling and filling up the damage to the victim's property or non-property.

The function of deferred prosecution (for the defendant): there is no need to eat and sleep for lengthy and unpredictable proceedings and expenses, opportunities for social feedback to make up for mistakes, de-labeling, avoiding family, social or criminal infections arising from short-term imprisonment, criminal compensation and normal social life can go hand in hand at the same time.

Hong Junpei Culture and Education Foundation 103 commonweal speech