逮捕制度的新规定及其司法应用

新刑诉法对逮捕制度做了较大幅度修改:一是细化了逮捕条件,二是改革了审查逮捕程序,三是延长了检察机关自侦案件审查逮捕的时间,四是提出了捕后羁押必要性审查要求,五是明确了捕后将嫌疑人、被告人送看守所羁押应及时通知家属。正确理解、适用这些规定,对于贯彻新刑诉法关于逮捕强制措施的司法改革,充分保障犯罪嫌疑人、被告人的合法权益具有重要意义。为此,检察机关应积极应对,构建相关的工作机制。

The New Regulations of Arrest System and Its Judicial Application

The arrest system has a lot of amendments in the new Criminal Procedure Law. Firstly,the conditions of arrest have been refined. Secondly,the investigation and arrest procedure has been reformed. Thirdly, the time of inquiry and arrest of the self-investigating cases by prosecution has been extended. Fourthly, the necessity of custody after arrest has been provided. Fifthly,it should be informed promptly to his family members when to send a suspect or a defendant to a detention house after arrest. It is meaningful to interpret and apply for the new regulations,to carry out the new criminal procedure law which is about the judicial reform on the arrest of compulsory measures and fully protects legal rights and interests of a suspect or a defendant. It is necessary for procuratorial organization to construct the relevant working mechanism.