Research on the System of Remand for Retrial in the Expedited Criminal Procedure

Rukeya Abudureyimu

《World Scientific Research Journal》 8卷1期 (2022/01) Pp. 239-243

https://doi.org/10.6911/WSRJ.202201_8(1).0035

摘要

In the expedited procedure, the defendant filed an appeal on the grounds of ＂unclear facts and insufficient evidence＂, which does not necessarily mean that the defendant denied the previous guilty plea. In the context of the new Criminal Procedure Law, it is necessary to combine the theory of the system of plead guilty for leniency, grasp the situation of ＂the defendant will no longer plead guilty after the appeal＂, and correctly apply the remand retrial system in the expedited procedure to ensure that the defendant's right to appeal can be realized.

關鍵字

Expedited procedure ； Plead guilty ； Remand for retrial

參考文獻

Miao Shengming, Zhou Ying, et al. Basic issues concerning the application of the system of plead guilty for leniency-understanding of the Guiding Opinions on the Application of System of plead guilty for Leniency. Criminal Science. (2019) No.6, p.1-29.

Long Zongzhi.The key to improving the system of plead guilty for leniency is to balance the prosecution anddefence. Global Law Review. (2020) No.2, p.5-22.

Chen Guangzhong, Ma Kang, et al. Discussion on some important issues of the system of plead guilty for leniency, Law Science. (2016) No.8, p.3-11.

Sun Changyong. The right of appeal of the defendant in plead guilty case from the perspective of comparative law. Journal of Comparative Law. (2019) No.3, p.37-52.

Wang Kai. On the function of judges in the expedited judgment procedure. Journal of Postgraduate. CUPL. (2020) No.1, p.378-396.