• 虽然通过司法解释或相关法律修改刑事被告人取证权利得到了一定程度的改善,但是仍然存在很多问题

    Though the situation has changed by the laws modified, and the defendants has got some rights, it still has many problems.

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  • 事实上,因为大部分被提起公诉刑事被告人认罪所以认罪处刑程序极具预见性与务实性的刑事简易程序。

    In fact, most of the accused defendants are willing to plead guilty, so procedure of pleading guilty and sentencing is kind of criminal summary procedure possessing foresight and quality of practice.

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  • 检察机关认为被告文裕章无视国家法律故意杀人应当故意杀人罪追求其刑事责任。

    Prosecutors thought Wen had ignore the law and killed his wife deliberately, so he should be accused.

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  • 许多刑事案件中惯例法所要求被告人应该犯罪动机(必须或者应该知道自己现在所做的事是不正确的)的规定已经逐步地弱化移除

    In many criminal cases, the common-law requirement that a defendant must have a mens rea (ie, he must or should know that he is doing wrong) has been weakened or erased.

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  • 逮捕国家司法机构依照正当法律程序犯罪嫌疑人被告人采取严厉的刑事强制措施。

    The arrest is the severest criminal precautionary measure adopted to the criminal suspects and defendants by the national judicial organization according to the due legal process.

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  • 非法取得证据材料能否作为被告人定罪根据刑事诉讼理论实践较为复杂问题

    It is a much more complex problem in criminal proceedings 'theory and practice that whether we can convict the defendant of a crime by illegally seized evidence.

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  • 刑事缺席审判被告人法庭审理时不到庭参加诉讼的情况下,公诉辩护人到庭,在法官的主持下进行的审判活动

    The criminal trial by default is the judicial activities that in the proceeding the accused person is absent and the prosecution and the counsel is appeared.

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  • 沉默权犯罪嫌疑人被告人刑事诉讼面对侦查人员司法人员的讯问保持沉默拒绝权利

    The right of silence is that when interrogated by judicial staff in the criminal proceeding, suspect or defendant has right to keep silence and to refuse to prove his own crime by himself.

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  • 长期审判实践证明刑事判决书具有宣讲法律规定传播法律思想感化被告人教育社会公众重要作用

    As what judicial practice shows, paper of sentence plays an important role in explaining and publicizing legal regulations, spreading legal thoughts, reforming the accused and inculcating the public.

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  • 本文运用刑法理论分析了一起刑事案件认为被告人行为应当伪造印章伪造金融票证或者其他罪。

    This text USES criminal law theory to analyse criminal case, thinks defendant behavior should forge the crime of the seal definitely, but not forge financial coupons crime or other crime.

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  • 刑事再审程序作为特殊救济程序,对于发现实体真实被告人进行必要救济等方面都发挥了重要功效

    As a special relief procedure, Criminal Retrial procedure can discover entity-reality, carry on a necessity of relieve to the accused person and other important effect.

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  • 第四刑事申诉理由有利于被告人不利于被告人区分同时将程序错误纳入申诉理由

    Fourth, the reasons for the criminal appeal is conducive to the defendant and the defendant is not conducive to the distinction, while procedural error into the grounds for the appeal.

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  • 被告人认罪刑事程序法具有非常重要意义作为法律行为诉讼引起一定程序发生改变

    It has very important meanings on the criminal procedure law that the defendant pleads guilty, it can cause the emergence and change of certain procedures in the lawsuit as a kind of juristic act.

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  • 我国刑事诉讼法规定犯罪嫌疑人被告人侦查机关尽“如实陈述”义务

    According to our country's Law of Criminal Procedure, the guilty suspicion person and the defendants have the obligation of "stating as things really are" to investigation apparatus.

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  • 最后指出了在我国现阶段刑事诉讼不能仿效西方国家要求口供合法性证明中要求被告人承担提供证据的责任

    At last, Can not follow the Western countries, ask the defendant to bear the burden of proof, at the present stage of criminal proceedings, in the procedure of proving confession legitimacy.

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  • 未成年社会调查报告未成年被告人人身危险性重要表征,也是审理未成年人刑事案件重要参考依据。

    The minor social investigation report is the important attribute of minor Crime person's personal dangerousness, which is also the important reference of trying the minor criminal case.

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  • 刑事诉讼中要充分保障犯罪嫌疑人被告人合法权益已经得到司法理论和实务界的一致认同。

    The judicial departments have come to an agreement with protecting the lawful rights and interests of suspected offender and defendant during the criminal procedure.

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  • 我国刑事诉讼法有关被告人口供规定过于抽象操作性差,缺乏完备证据规则难以保障口供发挥应有作用。

    The regulation of the defendants confession in the code of criminal procedure is too abstract, less operation, and lack of complete evidence rule, so it is hard to ensure the function of confession.

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  • 刑事诉讼过程中,审判程序决定被告人命运可以说审判程序的公正决定刑事诉讼公正一个关键环节

    In the criminal proceedings, the trial proceedings determine the fate of the defendant. We may said that the impartiality of the trial proceedings is determine a key component of criminal justice.

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  • 美国辩诉交易制度中的合理因素可以我国刑事司法实践正确等待被告人答辩提供借鉴

    The reasonable elements in the system of plea bargaining of the United States may provide reference for us to correctly treat defendants' plea of guilt in the practice of criminal judicature.

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  • 第六律师担任刑事辩护人责任,是根据事实法律维护被告人合法权益

    Article 6. When acting as defenders in criminal cases, lawyers shall have the responsibility to safeguard the lawful rights and interests of the defendants on the basis of facts and the law.

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  • 现行刑事诉讼法刑事抗诉权定位法律监督权不利于保证被告人合法权益,不利于维护法院判决的稳定性。

    The active criminal Law, taking the criminal protest right as legal superintendence makes against defendant's legal right and the stale of court's judgement.

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  • 刑事简易程序被告人选择权被告人享有独立自主的决定是否启动或者变更刑事简易程序的权利。

    The defendant's selective right of simple criminal procedure is the right that the defendant can decide whether to start or change simple criminal procedure in independence and sovereignty.

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  • 适用普通程序审理被告人羁押第一审刑事自诉案件期限个月

    The time limit is six months for hearing by using the ordinary procedure criminal cases of the first instance raised by a private party and of which the defendant is not yet under custody.

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  • 适用普通程序审理被告人羁押第一审刑事自诉案件期限个月

    The time limit is six months for hearing by using the ordinary procedure criminal cases of the first instance raised by a private party and of which the defendant is not yet under custody.

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