监察机关留置问题研究

Study on the Detention of Supervisory Organs

国家监察体制改革用留置取代"两规"措施,留置完成了从党内措施到国家监察措施的转变,成为监察机关采取的限制人身自由的强制性措施。留置措施适用程序,特别是提请留置的程序、决定程序、决定的人员和方式、通知家属的内容形式等一系列问题有待进一步研究和明确。案件移送检察机关审查起诉后,检察机关对被留置的对象作何处理,包括先行拘留,再根据案件情况以及犯罪嫌疑人的情况决定采取何种刑事强制措施程序,也需要研究和明确。监察机关将调查的职务犯罪案件移送检察机关之后,检察机关如果认为有事实和证据需要补充核实的将案件退回监察机关,此时案件仍然处于审查起诉阶段,犯罪嫌疑人应关押在看守所不应退回到留置状态,不应转移至监察机关办案场所。

The reform of the national supervision system uses detention to replace the＂Shuanggui＂. According to the National Supervision Law,this kind of detention means to put the suspect of corruption into custody of the Supervisory Organs,which has completed the transition from inner-party measures to national supervision measures. It has become a mandatory measure taken by supervisory organs to restrict personal freedom. The conditions and procedures of the detention applied,in particular,the procedures for requesting detention,decision-making procedures,the personnel and methods of decision,and the content and form of notification of family members,etc.,need to be further studied and clarified. After the case is trans-ferred to the procuratorial agency for examination and prosecution,the procuratorial agency shall deal with the issues of detaining the accused person,including the prior detention,and then determine what kind of criminal compulsory measure procedures should be taken according to the circumstances of the case and the situation of the criminal suspect. After the supervisory authority has transferred the case to the procuratorial agency,if the procuratorial agency believes that facts and evidence are needed to supplement the investigation,at this time,the case should be considered in the stage of examination and prosecution. The suspect should be detained at the detention center and should not be returned to the supervisory organ.