追诉时效终止刍议——由一故意伤害案入手

On the Termination of Limitation of Prosecution:Starting with a Case of Intentional Injury

追诉时效制度中的“追诉”是开始追究刑事责任之意,因而立案应当是追诉时效终止的合理时间节点,且此处的立案应当是对人的立案,确立了犯罪嫌疑人的立案是追诉时效终止的事由。立案(对人)之后,追诉时效期限终止计算,公安司法机关的办案行为受刑事诉讼法中相关期限的约束与规制。“逃避侦查”行为的认定应当符合主客观相统一原则,即客观上实施了逃跑、躲避、毁灭伪造证据等阻碍侦查的行为,主观上有阻碍侦查的故意。对此“故意”可以进行推定,且允许犯罪嫌疑人提出相反证据推翻该推定;另外,还要满足“立案侦查”后的时间要件。翻供不属于“逃避侦查”的行为,要谨慎认定“逃避侦查”,防止刑法谦抑性的异化。

The “prosecution” in the statute of limitation system means the beginning of the investigation of criminal responsibility. Therefore, the filing of the case should be a reasonable time point for the termination of the statute of limitation, and the case filing here should be a case on the person, that is, it is established that the filing of the criminal suspect is the reasons for the termination of the statute of limitation. After the case is filed(for the person), the time limit for prosecution is terminated, and the case handling behavior of the public security and judicial organs is bound and regulated by the relevant time limit in the criminal procedure law.The determination of “evasion of investigation” should conform to the principle of unity of subjectivity and objectiveness, that is, the conduct of escaping, evasion, destruction of forged evidence, and other acts that hinder investigation objectively, and the intention to hinder investigation subjectively. Presumptions can be made on the“intentional”evasion of investigation, and the criminal suspect is allowed to present contrary evidence to overturn the presumption. In addition, the behavior of “evading investigation” should occur after the public security and judicial organs have “filed a case”, which is the time requirement for “evading investigation”. Withdrawing a confession is not an act of “evading investigation”, and it is necessary to carefully identify “evasion of investigation” to prevent the modest alienation of criminal law.