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- Ignoramus discretion is one kind of public procurator's free discretion right. 不起诉裁量权是检察官自由裁量权的一种。
- Article 47 The petition or complaint made by a public procurator shall be true to facts. 第四十七条检察官提出申诉和控告,应当实事求是。
- If the public procurator disagrees with the result, he or she may apply for reconsideration. 本人对考核结果如有异议,可以申请复议。
- To fail to perform a public procurator's duty, and make no rectification after criticism. 不履行检察官义务,经教育仍不改正的。
- The salary of a public procurator who has been dismissed from the post shall at the same time be reduced and his or her grade be demoted. 受撤职处分的,同时降低工资和等级。
- Execution of a decision on a sanction given to a public procurator shall not be suspended during the period of reconsideration or petition. 复议和申诉期间,不停止对检察官处分决定的执行。
- A public procurator who is dismissed shall be removed from the post in accordance with the procedures as provided by law. 第四十二条辞退检察官应当依照法律规定的程序免除其职务。
- The criminal juridical consultative system includes a consultation between accused and public procurator and a consultation between accused and injured. 摘要刑事司法协商制度包括被告人与检察官的协商(“辩诉交易”)以及被告人与被害人之间的协商(“刑事和解”)。
- Article 42 A public procurator who is dismissed shall be removed from the post in accordance with the procedures as provided by law. 第四十二条辞退检察官应当依照法律规定的程序免除其职务。
- Secondly, the fundamental law is that the public procurator argues to tell the comparison trading cutting amounts right. 其次,对两大法系检察官辩诉交易裁量权的比较。
- The result of appraisal shall be taken as the basis for award, punishment, training, dismissal of a public procurator, and for readjustment of his or her grade and salary. 考核结果作为对检察官奖惩、培训、辞退以及调整等级和工资的依据。
- A public procurator shall be informed of the result of appraisal in written form. If the public procurator disagrees with the result, he or she may apply for reconsideration. 第二十六条考核结果以书面形式通知本人。本人对考核结果如有异议,可以申请复议。
- Article 26 A public procurator shall be informed of the result of appraisal in written form. If the public procurator disagrees with the result, he or she may apply for reconsideration. 第二十六条考核结果以书面形式通知本人。本人对考核结果如有异议,可以申请复议。
- Article 34 A public procurator who has committed any of the acts listed in Article 33 of this Law shall be given sanctions; if the case constitutes a crime, he or she shall be investigated for criminal responsibility. 第三十四条检察官有本法第三十三条所列行为之一的,应当给予处分;构成犯罪的,依法追究刑事责任。
- Article 40 If a public procurator requests resignation, he or she shall present an application in written form before he or she shall be removed in accordance with the procedures as provided by law. 第四十条检察官要求辞职,应当由本人提出书面申请,依照法律规定的程序免除其职务。
- Article 46 If a State organ or any of its functionaries commits an act infringing upon the rights of a public procurator as provided by Article 9 of this Law, the public procurator shall have the right to make a complaint. 第四十六条对于国家机关及其工作人员侵犯本法第九条规定的检察官权利的行为,检察官有权提出控告。
- That the diversity, every country public procurator because of history tradition, values and reality tell the discretion range in business system in arguing is to have the pretty big difference. 由于历史传统、价值观念和实际情况的不同,各国检察官在辩诉交易制度中的自由裁量权的范围是有相当大的差别。
- The result of appraisal shall be taken as the basis for award, punishment, training, removal, dismissal of a public procurator, and for readjustment of his or her grade and salary. 考核结果作为对检察官奖惩、培训、免职、辞退以及调整等级和工资的依据。
- A former public procurator may not be the law agent or defender in the case handled by the procuratorate he or she belonged to after leaving the post of the People's Procuratorate. 检察官从人民检察院离任后,不得担任原任职检察院办理案件的诉讼代理人或者辩护人。
- With establishment of conveniency of prosecution principle, public procurator has been given more discretion in lawsuit to conduct disposal of non- prosecution according to his judgment. 随着起诉便宜原则的普遍确立,检察官被赋予了一定的起诉自由裁量权,可以作出酌定的不起诉处理。