公益服务换取醉驾不起诉的定位与完善

Orientation and Improvement of Non-prosecution for Public Service in Exchange for Drunk Driving

公益服务换取醉驾不起诉模式的合法性与正当性还有待检验。在现行《刑事诉讼法》的框架下,它比较符合相对不起诉的规定,只是还具有对嫌疑人附加条件的内容。允许嫌疑人以公益服务换取醉驾不起诉决定符合宽严相济的刑事政策、契合刑罚裁量的基本理论、切合免除处罚的实体性规定,具有相当程度的正当性。但是如何避免司法恣意、定位参与公益服务的性质和公益组织的职能,仍然值得继续探索。初步的看法是,应当细化公益服务换取醉驾不起诉的适用条件、明确参与公益服务的自愿性质和规范公益组织的服务职能。

The legitimacy and justification of the mode of non-prosecution for public welfare services in exchange for drunk driving have yet to be tested.Under the framework of the current "Criminal Procedure Law",it is more in line with the relative non-prosecution provisions,but it also has the content of attaching conditions to the suspect.The decision to allow suspects to use public service in exchange for drunk driving non-prosecution complies with the criminal policy of both leniency and strictness,conforms to the basic theory of penalty discretion and the substantive provisions of exemption from punishment and has a considerable degree of justification.However,how to avoid judicial arbitrariness and locate the nature of participating in public welfare services and the functions of public welfare organizations are still worth exploring.The preliminary view is that the applicable conditions for public welfare services in exchange for drunk driving non-prosecution should be refined,the voluntary nature of participation in public welfare services should be clarified and the service functions of public welfare organizations should be regulated.