检察机关与监察机关职务犯罪追诉衔接机制探究

Research on the Linkage Mechanism between the Duty Crime Prosecution of Procuratorial Organs and Supervisory Organs

监察体制改革对我国监察机关性质、职权和工作程序的重大调整,监察法将监察体制改革成果法律化和制度化,明确监察机关是行使国家监察职能的专责机关,拥有对职务违法和职务犯罪的调查权和处置权,人民检察院的主要职能之一在于通过审查起诉实现与监察委员会调查工作的衔接,从而实现检察侦审一体模式到检察与监察衔接模式的转换。在监察机关调查职务犯罪阶段,检察机关的衔接主要表现为协助与配合监察机关的调查,通过提前介入、移送案件线索和执行技术调查三种方式,提高监察机关的办案质量,确保监察调查取证工作的合法性。监察机关调查终结移送人民检察院审查起诉阶段,应建立检察机关审查为主,监察机关配合检察机关的衔接机制,其目的在于将监察机关获取的证据通过司法程序转化,保障职务犯罪刑事诉讼的顺利展开。

The reform of supervisory system adjusts the nature, duty and work procedure of supervisory organs greatly, Supervision Law establishes the outcome of the reform of supervisory system by means of legislation, explicate Supervisory organs as the specialized organs to execute national supervisory power, empowers Supervisory organs the power to investigate of and deal with duty-related violations and crimes, the one of main function of procuratorial organs is to link with Supervisory organs’ investigations by means of review and prosecution so as to accomplish the transfer of the mode of investigation and prosecution in one to the mode of investigations and supervision linkage. During the process of duty-related crime investigations by supervisory organs, the linkage of procuratorial organs mainly is coordination with supervisory organs into investigation, mainly by three means of Prior Intervention in investigations, transferring duty-related crime clues, and execution technology investigations, so as to enhance the quality and ascertain the legality of the execution of investigation. As the termination of investigation and the case transferring to procuratorial organs for review and prosecution, the linkage mechanism should be the Procuratorial organs review enjoys leading status, supervisory organs assistant Procuratorial organs, the aim of this mechanism is to convert evidences attained by supervisory organs through judicial process to ascertain the duty-related crime prosecution procedure to proceed well.