检察机关认罪认罚从宽制度改革试点实施情况观察

Observation on the Implementation of the Reform of Pleading Guilty and Leniency System in Prosecutorial Departments

各地检察机关为推进认罪认罚从宽制度的适用采取了一些积极举措,但试点工作发展很不平衡,值班律师制度和量刑建议制度还有待完善,其他一些具体的程序性问题也有待解决。对认罪认罚从宽制度的完善应从整个刑事诉讼系统入手,完善配套制度,以突显该制度的功能;律师介入的时机应当提前,方式应当优化;量刑建议应当综合考虑各方面因素,有限参考被害人建议,在预期能够为法院采纳的前提下尽可能明确;庭审重点应予调整,强化法官的告知和审查义务,防止不必要的反悔与上诉。

To promote the application of the leniency system to those who plead guilty and accept the punishment,many prosecutorial departments in different regions have taken positive measures. However,the development of the pilot work is not balanced,the system of on -duty lawyers and sentencing suggestions needs to be improved,and other specific procedural issues need to be solved.To improve the leniency system,the supporting system should be improved;the time for lawyers to take part in should be advanced and the way for lawyers to take part in should be improved ;the sentencing suggestion should take all factors into account comprehensively and should be as specific as possible Only if it is expected to be adopted by the court;the key points of the trial should be changed,the obligation of the judge to inform and examine should be strengthened,unnecessary repentance and appeal should be prevented.