侦查阶段的刑事和解一些问题的分析

公安机关侦查阶段的刑事和解,存在着可能影响司法公正的因素。一方面,辩护律师参与刑事和解时间有限制,在侦查阶段接触到证据,这与刑诉法规定相冲突;另一方面,刑事和解的量刑奖赏对未成年被追诉人吸引力不足。此外,在侦查阶段达成刑事和解的,法律没有规定侦查人员是否可以撤销案件。答案应当是肯定的,但应限于提请批捕之前。建议区分参与诉讼的辩护律师与参与侦查阶段刑事和解的律师,以兼顾对被追诉人和侦查机关的公平对待。公安机关发挥群众力量事先进行民间调解、感化被害人,可以推进刑事和解实现。

A Study on the Issue of Criminal Reconciliation in the Phase of Investigation

There are factors that may affect judicial fairness in criminal reconciliation in the phase of investigation. On one hand, in the phase of investigation, there are limits on when the defending attorney is able to attend the criminal reconciliation. The defending attorney can get access to the evidence on that stage, which is not permitted by the criminal procedural law ; on the other hand, the sentencing discount by the criminal reconciliation does not attract the minor suspects much. Besides, if the criminal reconciliation has been reached in the phase of investigation, the law does not specify whether the investigator is able to dismiss the case. The answer should be yes, but there should be time limits： the case must be dismissed before the investigator transfer the case to the prosecutor for review of detention. We shall classify the defending attorney from the attorney who attends the criminal reconciliation in the phase of investigation, so that both the suspect and the investigator may be treated fairly. The police may also inspire the masses to help mediate and console the victim, which is helpful to reach the criminal reconciliation.