试论暂予监外执行同步监督机制的构建——以天津暂予监外执行检察监督实践为例

On Temporary Permit for Executing a Sentence outside of Jail and Constructing a Synchronous Supervising System——in the Case of Tianjin Temporary Executing a Sentence outside of Jail

新修订的刑事诉讼法第255条规定了检察机关对暂予监外执行决定的同步监督职责。当前在暂予监外执行决定监督中存在着监督缺乏规范易流于形式、检察人员专业知识不足、检察机关内部缺乏有效衔接等问题。构建暂予监外执行同步监督中需建立重点病犯跟踪、法医介入文证审查等相关制度,实现对暂予监外执行同步监督机制由形式向实质转变,切实取得监督的实效,促进暂予监外执行执法的公平公正。

The article 255th of the newly revised criminal procedure law regulates that the office of the public prosecutor has the synchronous supervising function when they decide to execute a sentence outside of jail. Nowadays there are some problems existing in the execution of a sentence outside the jail such as a mere formality, lack of professional knowledge, and lack of transition in the procuratorate. We need to construct a tracking and examining system to help the system innovate in the process of promoting execution of a sentence outside the jail. We have to get some effective result and promote justice and equity when we promote the execu- tion of a sentence outside the jail.