摘要
修改后的《刑事诉讼法》细化了逮捕条件,通常情况下适用逮捕措施,不但要求符合法定的社会危险性要件,还要求采取取保候审仍不足以防止发生该社会危险性。在径行逮捕的条件中,只要法定量刑档次中含有"十年有期徒刑以上刑罚"即已符合应当逮捕的条件,而对"曾经故意犯罪"的人过失犯罪的,即使可能判处徒刑,如果可以适用缓刑,也非绝对应当逮捕。
The amended Procedure Law has specified the conditions for arrest. Generally the conditions which are fit for arrest require not only that they comply with the statutory elements of risk to society but also that bail may not prevent their risk to society. As long as the conditions for arrest contain the condition for 10 years＇ or more imprisonment she or she should be arrested. As for those who once committed intentional crime but now commit crime because of negligence, they should be on probation and should not necessarily be arrested even though they may be sentenced to imprisonment.
关键词
逮捕条件
逮捕必要性
社会危险性
应当逮捕
径行逮捕
Condition for Arrest
Necessity for Arrest
Endanger Society
Ought to be Arrested
Perform anArrest
