有组织犯罪案件分案审理问题研究

Research on Divided Trial of Cases of Organized Crimes

刑事案件的合并与分离,应考量案件关联性的性质与强度,保障司法公正、效率及当事人权利,且注意司法能力约束。有组织犯罪案件审理,具有人员众多、罪行多样、关联性紧密,以及须查明组织状态与框架等特点。将被告过多的案件分案审理,能促进庭审有序,防止过于拖延,保障质证辩论,降低审理难度,体现刑事政策。但分案审理的弊端也突出,易导致审理碎片化及同案犯质证受限,案件裁决趋于行政化,尤其是出现"无质证认证"及"不审而判"等程序不公。司法实践中存在分案随意、过度,对辩方程序权利保障不足等问题。完善分案制度,应坚持以同案同审为原则,同案分审为例外;应把握条件,权衡利弊,慎重选择分案审理,分案时遵循案件自身逻辑;应妥当处理对组织、领导者及骨干成员的审理方式,慎重对待认罪认罚案件的分案审理,保障辩方诉讼权利;应注意分案时的审判组织构成与裁判协调,加强分案问题上的诉审协调并确认法院的审理决定权。他案被告人在本庭陈述,仍应视为被告人供述而非证人证言;需利用庭前会议解决相关证据与程序问题。应进一步完善关联案件并案与分案审理规范。

Cases of organized crime involve multiple defendants and multiple charges that are closely related to each other,and in the trial of such cases the court must ascertain the state and framework of the criminal organization.Divided trial of cases of organized crime that involve too many defendants can improve the order of trial,avoid excessive delay,guarantee the quality of examination and debate at court,reduce the difficulty of trial,and embody criminal policies.However,the dividing of trial can bring about some prominent problems,such as fragmentation of trial,limitation on the cross-examination among different defendants,administrative features of judgments,and especially,violations of the due process,such as"evaluation of evidence without examination"and"trial in absentia".In judicial practice,there are such problems as random and excessive dividing of trials,lack of guarantee of due process of the defendants,etc.To improve the system of divided trial of cases of organized crime,China should adhere to the principle of"one case tried by the same court",and allow divided trial only as a necessary exception.When the trial has to be divided,the dividing should follow the logic of the case and rules of litigation;rights of defendants should be sufficiently protected and cases in which the defendants plead guilty and accept the punishments should be cautiously dealt with;and attention should be paid to the composition of the trial organization and the coordination between different trials.Confessions of defendants in one trial should be regarded as confessions instead of witness testimony in other trials.Meanwhile,the rules on the combination and dividing of related trials should be further improved.