认罪认罚处理机制研究

A Study on Management Mechanism of Guilt Admission and Punishment Acception

认罪认罚从宽是宽严相济刑事政策的具体化。认罪是指行为人承认自己所实施的犯罪行为、犯罪结果与司法机关对其犯罪事实的认定与判断一致,认罚是指行为人在认罪的前提下,同意司法机关不起诉或在一定幅度内对其量刑或对其判处具体的刑罚。认罪认罚从宽制度与罪刑法定等刑法的基本原则及无罪推定原则不在同一范畴,但符合刑罚个别化原则。认罪认罚建立在功利从宽主义哲学基础上,强调效率的外在品相。自首是实体法对犯罪分子的鼓励,认罪认罚从宽是程序法对犯罪分子的鼓励。对于认罪认罚的部分刑事案件,以北京市海淀区人民检察院为例,说明在程序上适用速裁程序在司法实践中遇到的一些问题,从而提出解决方案。

Leniency of guilt admission and punishment acception specifically embodies criminal policy combining punishment with leniency. Guilt admission refers to actors＇ admission of criminal act and consistency of criminal result and identification of judicial authorities. In terms of punishment acception,actors support judicial authorities＇ non-prosecution or measurement of penalty within a certain scope or specific criminal penalty under the premise of guilt admission. Leniency of guilt admission and punishment acception does not fall into the same category with basic principles of criminal law such as legally prescribed punishment for a specified crime and presumption of innocence,but it is consistent with principle of criminal individualization. Based on utilitarian leniency philosophically,guilt admission and punishment acception emphasize external conditions of efficiency. The legislation of substantial laws is intended to encourage criminals＇ voluntary surrender and that of procedural laws is intended to encourage them to admit guilt and accept punishment. For some of criminal cases concerning guilt admission and punishment acception,The People＇s Procuratorate of Haidian District in Beijing is taken as an example to illustrate some problems about application of quick-judgment procedure in judicial practice and put forward some solutions.