检察机关办理刑事和解案件的实践和思考——以钦州市钦北区刑事案件为例

The Practice and Thinking of Handling Criminal Cases Through Reconciliation by Procuratorial Organ

刑事和解案件以伤害案件和交通肇事案件居多,犯罪主观意识不强,犯罪情节较轻。通过办理刑事和解案件,能提高诉讼效率,促使犯罪嫌疑人悔过,促进社会和谐发展。受司法公正、价值观念、法制建设等因素影响,办理刑事和解案件面临诸多困难。检察机关办理刑事和解案件,要坚持以自愿、公正、合理为原则,注重加强沟通与协调工作,准确把握刑事和解案件的适用条件、适用对象和适用范围。

Criminal reconciliation cases are mainly damage and traffic accident cases with weak subjective criminal consciousness and slight criminal circumstance. To successfully deal with criminal reconciliation cases may improve the effectiveness of the proceedings, encourage suspects repent their errors and promote social harmony. However, dealing with criminal reconciliation cases faces so mangy difficulties, being influenced by such factors as judicial justice, concept values, legal system building and so on. Therefore, to deal with these cases, we must adhere to a voluntary, fair and reasonable principle, focus on strengthening communication and coordination and accurately grasp the applicable conditions, objects and scope of reconciliation cases.