刑事案件院外庭审多被告人看管警务探析

Analysis on the guarding police of multiple defendants in out-court trials of criminal cases

刑事案件院外庭审中一旦发生被告人行凶、自杀、自残、脱逃等事件,不仅对公共安全构成极大威胁,严重扰乱人民法院正常审判秩序,而且会令涉事法院及当事司法警察①陷入舆论指责的漩涡,对人民法院的形象造成极大的负面影响,而我国现有法规对此未有充分考虑.从刑事案件院外庭审多被告人看管警务的概念出发,对其临时羁押场所的安全性、看管警务侧重性、看管人员的职责、看管警务的技术性及看管对象心理活动等特征进行分析,对实施刑事案件院外庭审多被告人看管警务应坚持的基本程序和方法提出建议.

Once an accused person commits an act of assault,suicide,self-harm,escape,etc.in an out-court trial of criminal case,it not only poses a great threat to public security and seriously disturbs the normal trial order of the people’s court,but also puts the involved court and judicial police in charge into the whirlpool of public opinion accusation and has had a tremendous negative impact on the image of the people’s court,which are not fully considered by China’s existing regulations.From the concept of guarding police of multiple defendants in out-court trials of criminal cases,the characteristics of the security of the temporary detention,the emphasis of the guarding police,the duties of the guards,the technicality of the guarding police,and the psychological activities of the guarded are analyzed to give suggestions on the basic procedures and methods that should be adhered to in the guarding police of multiple defendants in out-court trials of criminal cases.