轻微刑事案件赔偿保证金适用探析——以故意伤害罪为切入

Exploring the Application of Compensation Deposit in Minor Criminal Cases——Take the Crime of Intentional Assault as an Entry Point

随着“少捕慎诉”理念的不断深入,赔偿保证金制度的出现为检察机关对犯罪嫌疑人采取非羁押措施提供了新的思路。经由调研,赔偿为检察官认定犯罪嫌疑人之主观恶性的重要考量,为减少由于被害人的“漫天要价”而造成无法达成调解协议,进而导致使用非羁押措施对检察官产生压力,需明确赔偿保证金制度之合理性及合法性,构建该制度作为刑事和解之补充,以此实现少捕慎诉慎押的目标。

As the concept of“fewer arrests and more careful prosecution”continues to grow,the emergence of the compensation deposit system provides a new way of thinking for prosecutors to take non-custodial measures for criminal suspects.The research shows that compensation is an important consideration for prosecutors to determine the subjective evil of criminal suspects,and to reduce the pressure on prosecutors to use non-custodial measures due to the inability to reach a mediation agreement due to the victim s“skyrocketing price”,it is necessary to clarify the rationality and legality of the compensation deposit system,and to construct the system as a supplement to criminal reconciliation.In order to achieve the goal of fewer arrest and more cautious prosecution and detention,it is necessary to clarify the reasonableness and legality of the compensation deposit system and establish the system as a supplement to the illegal settlement.