略论新刑事诉讼法逮捕条件之把握——从一起案件的受理争议谈起

Briefly Comment on the Understanding of Arrest Conditions in New Criminal Procedure Law——Beginning with the Disposal of a Disputed Case

犯罪嫌疑人是否在案以及采取强制措施的情况,是修改后的《人民检察院刑事诉讼规则》第153条规定的案管部门受理案件应当审查的内容之一。对于审查起诉阶段违反取保候审规定的涉嫌危险驾驶罪的犯罪嫌疑人,再次归案后如何移送检察机关审查起诉,涉及到对该犯罪嫌疑人适用何种强制措施的问题。

Whether the criminal suspect is under custody and which coercive measures have been taken against him or her are what the procuratorates should check according to the 153rd article of Criminal Procedure Regulation of People＇s Procuratorates. When a criminal suspect who violates bail provisions by driving dangerously at the prosecution stage is arrested again and transferred to the procuratorate for disposal, it is related with which coercive measures should be taken aeainst him or her.