The court is a fair and just place. In order to safeguard their legitimate rights and interests, people hope to solve some disputes through legal means, so that court cases pile up into mountains, the pressure of court work is enormous, and judicial resources are scarce. In view of this phenomenon, the court will generally combine similar or identical cases for trial. So what are the conditions for handling the criminal procedure law together?
What are the conditions for handling the criminal procedure law jointly?
The Criminal Procedure Law does not specifically stipulate that cases should be tried together, but Article 53 of China's Civil Procedure Law stipulates that if one or both parties have two or more persons, the litigation object is the same, or the litigation object is the same, and the people's court thinks that the cases can be tried together with the consent of the parties, it is a joint lawsuit.
(1) General conditions for merger processing
(1) The cases are the same or similar in nature. The same nature of cases means that a series of cases that have occurred one after another meet the constitutive requirements of the same crime. After criminals have criminal ideas and commit crimes, the stimulation of the results will strengthen their criminal ideas and form criminal psychological stereotypes and habits, so the series of cases committed by criminals are mostly the same in nature. However, not all criminals commit the same crime again, and it happens from time to time. They commit different crimes. Therefore, when we see two cases with the same nature, we cannot categorically assume that their subjects are the same.
(2) The time and space of committing crimes are the same or similar. Any kind of crime is completed in a certain time and space. A series of cases committed by the same criminal usually have the same or similar time and space conditions, mainly because the successful stimulus will prompt him to continue committing crimes at similar time and place, especially in some major cases.
(3) The objects of infringement are the same or similar. Because of the criminal motive, purpose, criminal experience and other factors, criminals also have certain stability and regularity in choosing the target of infringement. Some criminals will not easily change their goals after choosing the right object in their initial criminal career. Therefore, when a series of cases with the same infringement object occur one after another, it is necessary to consider whether they meet the conditions of merger. It should be noted that criminals will temporarily change their targets under the influence of subjective and objective conditions, so the same or similar targets are important conditions, not decisive conditions.
(4) The criminal methods are the same or similar. Criminal methods refer to all kinds of criminal activities taken by criminals at the scene when committing crimes. It is influenced not only by the criminal's motivation, purpose and personality, but also by his own occupation, knowledge structure and special skills, and is often habitual and stable. In the face of a series of cases with similar modus operandi, merger is generally considered.
(2) Comprehensive handling of specific situations.
(1) Identify the same item in different situations. Sometimes the same object will appear in two or more different crime scenes, which shows the internal relationship between these cases. In the investigation of a case, if the matters arising in different cases can be identified as the same, they can be directly identified as consolidated cases. Other criminals inadvertently forget the "fruits" of previous crimes in the new crime scene, so that the identification of the victim and others can also reveal the relevance of the two cases, and then determine the merger.
(2) The physical evidence left at the scene was identified as the same thing. Traces left by different crime scenes, such as handprints, footprints, tool marks, left-behind items, etc. , can be used as a condition and basis for joint investigation, if it can be identified as from the same person or tool, and make the same identification. With the rapid development of science and technology, under certain conditions, teeth, voiceprints, smells, etc. Can also be identified as the same person and merged.
(3) Identify criminals according to their physical characteristics. Physical characteristics include the criminal's gender, age, height, posture, clothing, accent and other physiological characteristics. In many cases (especially those cases where the victim has active contact with the criminal, such as robbery and rape), the criminal can be described by interviewing the victim and witness and synthesizing the information obtained from the on-the-spot investigation. It should be noted that those special and stable personal characteristics can be used as the basis for direct consolidation, and it is impossible to directly identify consolidation only by relying on people's general characteristics such as height, clothing and posture.
The work of the court is very stressful. In order to protect the legitimate rights and interests of the parties in time and improve work efficiency, the court will handle some cases together, but not all cases can be handled together, and certain conditions need to be met during the period. For example, the criminal purpose of the case is the same or similar, and the nature is the same or similar.