摘要
我国《刑法》和《刑事诉讼法》用三个不同的概念对不追究刑事责任作了规定。《刑事诉讼法》第16条所规定的不追究刑事责任可分为三种情形,但《刑法》第201条第4款中规定的不予追究刑事责任并未归属其中。现行刑事立法在不追究刑事责任的规定中概念不统一,《刑法》在规定不追究刑事责任方面不当缺位,已有的规定也较为粗糙,《刑事诉讼法》缺乏特赦令执行的程序规定,我们有必要完善不追究刑事责任的刑事立法规定。
In Criminal Law and Criminal Procedure Law, three different concepts are used to describe and explain "not being prosecuted for criminal responsibility". Criminal Procedure Law stipulates in its Article 16 that there are three situations for "no criminal responsibility shall be investigated", but the concept of "not be investigated for criminal responsibility", which appeared in Article 201 of Criminal Law, is not included in it. Those three different concepts made an obscure in our criminal legislation. On the one hand, there is no precise and appropriate description for "not be investigated for criminal responsibility" in Criminal Law. On the other hand, Criminal Procedure Law lacks procedural rules for amnesty execution, so it is necessary to improve and perfect the criminal legislation by a clear description of "being not prosecuted for criminal responsibility".
出处
《法学杂志》
CSSCI
北大核心
2020年第4期42-51,共10页
Law Science Magazine
关键词
不追究刑事责任
初犯非罪
刑法缺位
not being prosecuted for criminal responsibility
not guilty on first offence
deficiency of Criminal Law
