论检察院提起审判监督程序中强制措施的适用

On the Procuratorate Takes Criminal Compulsory Measures before Initiating Trial Supervision

由于法律规定的语焉不详,检察院在提起审判监督程序中适用强制措施争议极大。非在押的原审被告人在检察实践中确有逃避抗诉审查的情形,各检察院为保证抗诉顺利进行,事实上或直接或变通地适用着强制措施。回应这种实践需求,需要从提起审判监督程序适用强制措施的事由、种类、时间、程序等方面进行规范,以保证权力合法运行,避免侵犯人权。

As the law is not clear, it is controversial for the procuratorate to take criminal compulsory meas- ures before initiating trial supervision. In the practice, some non- custodial defendants of the original instance do have the tendency to block the review by all kinds of means when their cases are under the process of revie- wing in the procuratorate. Some of the procuratorates actually take criminal compulsory measures in the cases to initiate trial supervision successfully. Based on the practice needs, we should regulate the procuratorateg power of taking criminal compulsory measures before initiating trial supervision to ensure it runs legally and avoid hu- man rights violations.