诉判同一与变更罪名

On the Subject Matter of Criminal Adjudication and Amendment of Charges

法院在刑事诉讼中有最终确定罪名和适用罚条的权力。但是 ,法院的这一权力应当受到控审分离、不告不理、辩护原则等诸多因素的制约 ,并不得迳行做出恶化被告人的处境的判决。本文对法院变更起诉指控的罪名和罚条问题作了比较分析 ,并阐明了我国法院在刑事判决中变更起诉指控的罪名和罚条应当遵循的规则。

The criminal court has the final saying upon the application of criminal law. But this power is restricted by many factors such as the principles of the separation of prosecution and trial, no trial without charge, and the doctrines of defense and adversary, of which the most important is the trial court shall not pass adjudication that worsening the plight of the defendants that the charges without prior information. The author gives a comparative law study of the amendment of charges by trial court and points out the principles that shall be abide by when our courts doing so.