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2010年2月,最高人民法院公布了《关于贯彻宽严相济刑事政策的若干意见》,其中第43条规定:“对减刑、假释案件,要采取开庭审理与书面审理相结合的方式。对于职务犯罪案件,尤其是原为县处级以上领导干部罪犯的减刑、假释案件,要一律开庭审理。对于故意杀人、抢劫、故意伤害等严重危害社会治安的暴力犯罪分子,有组织犯罪案件中的首要分子和其他主犯以及其他重大、有影响案件罪犯的减刑、假释,原则上也要开庭审理。”这一条第一次明确提出了必须通过开庭审理的减刑假释案件类型,强调了原则上应当开庭审理的减刑假释案件类型。在《若干意见》公布实施后,各地法院陆续开庭审理了一批减刑假释案件,积累了一些对此类案件开庭审理的经验,但也暴露出一些亟待解决的问题,需要在今后的改革中予以解决。
In February 2010, the Supreme People’s Court promulgated the “Opinions on Carrying out the Criminal Policy of Temper Justice with Mercy”, which stipulates in Article 43: “In the case of commutation of sentence and parole, a combination of trial and written trial should be adopted. Criminal cases, especially for commutation and parole cases formerly committed by leading cadres at and above the county level, should all be held in court. For violent criminals who intentionally kill, rob, or deliberately injure other public security organs, the first in organized criminal cases Commutation and parole of criminals and other major criminals who affect the case are also tried in principle. ”This article, for the first time, clearly sets out the types of commutation and parole cases that must go through the court session, emphasizing that in principle, it should go to court Sentenced parole cases types. After the “Opinions of Several Opinions” were promulgated and implemented, courts in various places successively held a series of commutation and parole cases and accumulated some experience in trial hearings of such cases, but also exposed some problems that needed to be solved urgently and needed to be solved in future reforms solve.