疑罪的认定标准和处理原则

The Criterion of Confirming and the Principle of Dealing with Disputed Crimes

:对疑罪如何处理 ,由于诉讼价值趋向不同 ,历史上曾出现过对疑罪从赦、从轻、从赎、从挂等处理方式。随着国际人权保障运动的蓬勃开展 ,资产阶级首先提出并确立了“无罪推定”原则 ,普遍规定了疑罪作无罪处理。我国立法者在总结正反两方经验教训的基础上 ,吸收并借鉴了该原则。人民法院依照该原则 ,对疑罪作出生效的无罪判决后 ,即使人民检察院发现并收集到了新的、充分的证据 ,也不得简单地重新起诉和审判 。

The principle of ‘assuming disputed crimes innocence' has been established in our criminal procedural law recently. In judicial practice, ideal situations are facts of a case being clear, evidence being reliable and sufficient, but because of being limited by both subjective and objective conditions, not all criminal cases can be attained the legal criterion of proof, so disputed crimes come into being. How to deal with disputed crimes, being different orientation of procedural values, there were assuming disputed crimes absolution, lenience, redemption and so on, With the international human rights growing vigorously, the capitalist class first brought forward the principle of ‘Assumption of Innocence’, they generally provided for assuming disputed crimes innocence. On the base of summing up both positive and negative experiences, the legislative persons absorbed and learned from the principle. According to the principle, after people's court gives innocence of court decision to disputed crimes, even if the people's procuratorial organs find and collect new and sufficient evidence, the case can't be prosecuted and tried again, it must be strictly engaged in according to the procedure of retrial.