程序整合视角下职务犯罪刑事特别程序研究

Research on Special Procedure of Duty Crime from the Perspective of Procedure Integration

国家监察法的制定和刑事诉讼法的修改,使得职务犯罪追诉的事实调查与审查起诉以及对物追诉与对人追诉都面临关系重构。制定职务犯罪刑事特别程序,理顺监察调查与审查起诉衔接,缺席审判与判决前财产没收适用位序具有理论、立法和实践正当性。通过确定监察调查与审查起诉管辖衔接,完善强制措施适用对接,规范检察机关提前介入监察调查机制,强化补充调查协调配合等方面入手,形成调查与起诉有效衔接的案件事实调查追诉程序。通过明确缺席审判适用位阶的优先性,和判决前财产没收实践适用的优先性,确立不到庭审理程序的适用位阶与顺序。

With the enactment of the National Supervision Law and the revision of the Criminal Procedure Law, the fact investigation, review and prosecution, as well as the object prosecution and the person prosecution of the duty crime prosecution are facing the reconstruction of the relationship. It is reasonable in theory, legislation and practice to formulate special criminal procedures for duty crimes, rationalize the connection between supervisory investigation, review and prosecution, and apply the order of trial by default and confiscation of property before judgment. Through determining the connection between the jurisdiction of supervisory investigation, review and prosecution, improving the application and connection of compulsory measures, Standardizing the mechanism for procuratorial organs to intervene in supervision and investigation in advance and strengthening the coordination and cooperation of supplementary investigation, the effective connection of investigation and prosecution of the case facts investigation and prosecution procedure is formed. By making clear the priority of the application rank of trial by default and the priority of the application of the practice of confiscation of property before judgment, the application rank and order of the trial procedure without appearing in court are established.