异地追诉的原理与机制

The Principle and Mechanism of Remote Prosecution

异地追诉,是指请求国向被请求国提供自己掌握的证据材料,协助被请求国依本国法律对逃犯提起诉讼。异地追诉的基本原理是,请求国查清外逃人员触犯被请求国当地刑法的具体罪名,再提交证据向被请求国正式提出举报,以举报人和证人身份提供证据、协助调查、协助证人作证,判决后协调遣返罪犯、追缴赃款。异地追诉的优势是:借助他国刑事追诉力量打击我国逃犯,节约了司法资源,在无引渡条约的国家破解了引渡难题,形成了双向司法协助合力。局限是:是否追诉、如何追诉是他国的主权,协助追诉过程受到他国政治、法律、文化的制约。应当从以下方面完善异地追诉机制:为异地追诉中的辩诉交易和陪审团审判提供条件、促使被判刑人移管回国、建设异地追诉的综合配套机制。

Remote prosecution refers to the fact that the requesting state provides the requested state with its own evidence materials to assist the requested state to bring a lawsuit against the fugitive in accordance with its own laws.The basic principle of remote prosecution is to find out the specific charges of the fugitives who have violated the local criminal law,then submit evidence to formally report to the requested state,provide evidence as the informant and witness,assist the investigation and witness to testify,coordinate the repatriation of criminals and recover the stolen money after the judgment.The advantage of off-site prosecution is to attack our fugitives with the help of other countries'criminal prosecution power and save judicial resources.In the countries without extradition treaty,the problem of extradition has been solved and the joint force of two-way judicial assistance has been formed.The limitations are:whether to prosecute and how to prosecute is swbject to the sovereignty of other countries,and the process of assisting prosecution is restricted by the politics,law and culture of other countries.We should improve the mechanism from the following aspects:provide conditions for plea bargaining and jury trial,promote the transfer of the sentenced to return home and build a comprehensive supporting mechanism for remote prosecution.