轻微刑事案件公益服务不起诉适用探析

Analysis on the Application of Non-Prosecution of Welfare Services in Minor Criminal Cases

“少捕慎诉慎押”司法理念深入推进,司法实践中出现对轻微刑事案件犯罪嫌疑人履行社会公益服务不起诉的做法。社会公益服务不起诉有助于犯罪嫌疑人改过自新,促进不起诉制度之适用。法律规定检察机关在轻微刑事案件是否提起公诉上有自由裁量权,将犯罪嫌疑人提供公益服务作为审查起诉的考察因素与现有法律体系不相冲突,对犯罪嫌疑人履行社会公益服务情况之考察符合检察权背后承载社会公共利益之内涵,司法实践中高比例轻刑化判决为在轻微刑事案件适用该模式提供了充足空间。未来应当在宏观上廓清社会公益服务不起诉适用案件标准,微观上对社会公益服务适用要件进行完善,充分发挥制度效用。

The judicial concept of “arrest less, prosecute carefully, detain carefully” has been further promoted, and in judicial practice, the practice of not prosecuting suspects in minor criminal cases for performing social welfare services has emerged. Non-prosecution of social welfare services helps criminal suspects to turn over a new leaf and pro-motes the application of non-prosecution system. It is stipulated by law that procuratorial organs have the discretion to prosecute minor criminal cases, and it is not in conflict with the existing legal system to regard the public service provided by criminal suspects as an investigation factor for examination and prosecution. The investigation of the social public service performed by criminal suspects accords with the connotation of carrying social public interests behind procuratorial power. In judicial practice, the high proportion of light punishment judgment provides sufficient space for the application of this mode in minor criminal cases. In the future, it is necessary to clarify the ap-plicable standards of non-prosecution cases of social welfare services macroscopically, improve the applicable requirements of social welfare services microscopically, and give full play to the effec-tiveness of the system.