公诉案件撤诉问题实证研究

Empirical Research on the Withdrawal of Public Prosecution

检察机关对于提起公诉的案件又撤回的在实践中虽然发生率不高,但却存在很多问题。主要表现为撤诉事由明显超出规定情形、证据不足的撤诉阻断存疑无罪判决、被告人在司法审查过程中缺位、法院的审查走过场、重复追诉随意等。要完善撤回公诉制度,应当分析实践中做法的原因与合理性,调整撤诉的具体事由,限定法院以开庭的方式审查撤诉,并对审查进行原则性约束,增加法院的指令撤诉等程序,还要对撤诉后的重复追诉加以控制。

Although the incidence is not high in practice, public prosecutor＇s withdrawal of accusation after initiating a proceeding has many problems. The manifested problems are mainly： withdrawal reasons clearly beyond the specified circumstances; withdrawal for lack of evidence prevents acquittal for doubts; defendants are absent in judicial examinations; court＇s trial becomes a mere formality; repeated prosecutions are allowed freely and so on. To improve regulations about public prosecutor＇s withdrawal of accusation, it is necessary to analyze its practical reasons and rationality, regulate the specific reasons for withdrawal, limit courts to review withdrawals by hearings and restraint the reviews by principles, add procedures for court - ordered withdrawals and alike, and restrict repeated prosecutions after withdrawals.