疑罪问题研究

疑罪是指在刑事诉讼活动中,因证据不足而对犯罪嫌疑人、被告人是否构成犯罪以及罪行轻重、此罪彼罪与一罪数罪等方面难以作出正确判断的情况。疑罪的基本特征是证据不足。疑罪可分为罪与非罪之疑罪、情节轻重之疑罪、此罪彼罪之疑罪和一罪数罪之疑罪。疑罪产生的原因是多方面的。认定疑罪要注意与疑难刑事案件相区别,把握好疑罪的认定标准,掌握好疑罪的处理原则:罪与非罪之疑适用疑罪从无;情节轻重之疑、此罪彼罪之疑和一罪数罪之疑适用疑罪从宽。贯彻好疑罪的处理原则有着重要的理论和实践意义。文章还就刑事诉讼各阶段如何具体贯彻疑罪的处理原则提出了建设性的意见。

A Study on Doubtful Crimes

Disputed crime refers to that where it is hard to decide on whether suspect's act constitutes crime, one or more crimes, serious or minor one and other similar situations because of insufficiency of evidence. Four types of disputed crime can be distinguished according to its diverse causes: whether suspect's act constitutes crime is doubtful; whether circumstances are serious or minor is doubtful; which crime suspect's act constitutes is doubtful and whether the act constitute one or more crimes is doubtful. Although sharing a lot, Disputed crime and doubtful criminal case should be separated from each other in determining and it is quite necessary to find appropriate determining standard and stick to settling principles: in case of type I disputed crime, suspect should be considered innocent; in case of the rest, suspect should be treated with leniency. Therefore, it is both practically and theoretically meaningful sticking to settling principles for disputed crime. Finally, Constructive suggestions on how to specifically carry out settling principles at different stages of criminal procedure are discussed.