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2006年最高人民检察院颁行《人民检察院审查逮捕质量标准(试行)》确立附条件逮捕制度,朝阳区人民检察院两年来已适用附条件逮捕多例。通过对这些案件进行实证分析,发现附条件逮捕案件存在“三多”现象,即外来人口多、共同犯罪多、因缺少相关鉴定材料而适用该措施的多。同时,附条件逮捕在运行过程中还存在适用范围上扩大化、对证据条件把握不准确等问题。
In 2006, the Supreme People’s Procuratorate promulgated the “People’s Procuratorate Review of Arrest Quality Standards (Trial)” to establish a conditional arrest system. Chaoyang District People’s Procuratorate has applied more than two cases of conditional arrest. Through the empirical analysis of these cases, it is found that there are many “three more” cases of conditional arrests, that is, there are many immigrants and more common offenses, and more are applicable due to the lack of related appraisal materials. At the same time, there are still some problems such as the enlargement of scope of application and the inaccuracy of the evidence conditions during the operation of conditional arrest.