认罪认罚从宽制度在侦查阶段的适用研究

Application of the Leniency System for Confessing Guilt and Accepting Punishment at the Investigation Stage

我国刑诉法以及相关司法解释没有赋予侦查机关适用认罪认罚从宽制度的全部权力,这不符合刑事司法的现实需要。从我国司法实践来看,犯罪嫌疑人认罪认罚大多发生在侦查阶段,侦查机关也更有动力适用该项制度。赋予侦查机关适用认罪认罚从宽的完整权力可能导致其获取口供的倾向增加,无辜者认罪的概率增加以及权力滥用等潜在风险。因此,有必要建立认罪认罚全程录音录像、保障辩护律师有效参与及允许犯罪嫌疑人撤回认罪认罚等制度来防止可能出现的问题。

The Criminal Procedure Law of the P.R.C and related judicial interpretations haven’t fully empowered the investigative organs to apply the leniency system for confessing guilt and accepting punishment,which does not meet the practical needs of criminal justice.The judicial practices in China have revealed that most of the criminal suspects tend to confess guilt and accept punishment at the investigation stage,so the investigative organs should be more motivated to apply this system.Giving investigative organs the full power to apply the leniency system for confessing guilt and accepting punishment may lead to potential risks such as the investigators’more tendencies to obtain confessions,increased probability for an innocent person to confess guilt,and abuse of power.In order to prevent these problems,relevant systems need to be established,including making sound and video recordings during the entire process of a criminal suspect’s confession and acceptance of punishment,ensuring the effective participation of defense lawyers and allow criminal suspects to withdraw their confessions and acceptance of punishment.