刑事速裁程序试点实效检验——基于12666份速裁案件裁判文书的实证分析

Practical Effect of the Pilot Project on Fast-track Sentencing in Criminal Procedure

2014年6月,全国人大常委会授权最高人民法院、最高人民检察院在全国18个城市进行刑事案件速裁程序试点。根据对12666份速裁案件裁判文书样本的分析,虽然速裁案件的审判效率有显著提高,但审前效率的提高并不显著;速裁案件量刑在有期徒刑、拘役的裁量上基本保持均衡,但在缓刑的适用上存在犯罪类别之间、试点城市之间的较大偏差;速裁程序试点中虽然建立了值班律师制度,但被告人聘请律师辩护的比例很低。基于上述检验结果,未来速裁程序立法要加快案件的审前流程,特别是要在提高取保候审和监视居住适用率的基础上,缩短取保候审和监视居住的法定期限;规范速裁案件量刑指南,避免量刑在区域之间、犯罪类别之间的严重偏差;在完善值班律师制度的基础上,可考虑实现速裁案件的强制性律师辩护,保障被告人的辩护权。

In June, 2014, the 12th National People＇ s Congress authorized the Supreme People＇ s Court and the Supreme People＇ s Procuratorate to implement the pilot project on fast-track sentencing in criminal procedure in 18 cities. The analysis of big data from 12,666 verdicts shows that little pro- gress had been made in raising the efficiency of pre-trial process, although the efficiency of the trial process had been marked improved, in the pilot project. Also it is discovered in the pilot project that the basic equilibrium had been maintained between different regions in the imposition of criminal de- tention and fixed-term imprisonment, but there had been a large regional differences in the imposition of criminal fine and probation. In addition, the system of duty defense counsel was enhanced, but the rate of the attorney retained in cases tried by the fast-track trial procedure was still very low in the pi- lot project. In the future legislation on the fast-track sentencing, the term of alternative imprisonment should be shortened and the pretrial process should be speeded up. For the balance of sentencing in the trial of misdemeanor cases, legal authorities should adopt sentencing guidelines to reduce the di- vergence in different areas. To protect the rights of defendants in speedy trial process, judicial organs may gradually establish the mechanism for guaranteeing effective legal assistance to defendants in mis- demeanor cases.