关于法院能否变更指控罪名的探讨

检察机关代表国家向法院提起公诉。起诉书中载有指控的罪名、犯罪事实、证据、法律依据等。该文阐明了什么是罪名、罪名与罪状的关系 ;变更罪名的原因 ;法院有权变更罪名和应当遵循的原则 ;法院有权直接变更罪名或者最终变更罪名的情况等。

Whether the Coutr Is Entitled to Change the Accused Charge in a Criminal Trial

Procuratorial organizations prosecute crimes on bebalf of the State. there are charges, criminal facts in the prosecution case papers. This note clarifies such issues as what''s the charges; which relationship between the charges and the crimes; the causes of changing charges; whether the court has the authority to change the charges and which principles should be abided by in doing so; in which circumstances the court can change the charges directly or ultimately. etc.