监察体制改革背景下自行补充侦查和退回补充调查关系论纲

An Outline of the Relationship between Self-Supplementary Detection and Returning Supplementary Investigation under the Background of the Reform of Supervision System

监察体制改革的大背景下,职务犯罪案件退回补充调查不属于广义的补充侦查,自行补充侦查属于检察机关侦查权范畴。自行补充侦查和退回补充调查之间各有优劣,正确处理它们的关系应当注意二者相互配合、相互制约和相互衔接。科学区分自行补充侦查和退回补充调查,积极充分和合理正确行使自行补充侦查权,退回补充调查沿用检察机关强制措施,补查阶段犯罪嫌疑人应当有权获得律师帮助。

Under the background of the reform of supervision system, the returning supplementary investigation of duty crime cases does not belong to the broad sense of supplementary detection, and the self-supplementary detention belongs to the scope of detection power of procuratorate. There are advantages and disadvantages between self-supplementary detection and returning supplementary investigation. Correct handling of their relationship should adhere to mutual cooperation, restriction and cohesion. Scientific distinction should be made between self-supplementary detection and returning supplementary investigation. The right of self-supplementary detection must be carried out actively, fully, reasonably and correctly. Returning supervisory investigation ought to follow the compulsory measures of procuratorate. Criminal suspects should have the right to obtain the help of lawyers at the stage of supplementary investigation.