认罪认罚案件自愿性保障问题研究

Research on Voluntary Protection of the Cases of Guilty Plea and Accepting Penalty

认罪认罚从宽制度以有罪指控为基础,通过量刑从宽,程序从简来鼓励、引导犯罪嫌疑人、被告人自愿认罪认罚,但适用该制度也意味着犯罪嫌疑人、被告人部分诉讼权利的减损,所以,为确保权利减损的正当性,保障犯罪嫌疑人、被告人认罪认罚的自愿性尤为重要。加强认罪认罚案件的自愿性保障应以准确理解和把握认罪认罚内涵及自愿性判断标准为前提,以保障犯罪嫌疑人、被告人的知悉权、律师帮助权、反悔后的撤回权以及完善审判环节法院对认罪认罚的自愿性审查为主要内容。

Leniency for guilty plea and accepting penalty is based on a charge of guilty.The system encourages and guides the suspects and the defendants to confess the crime voluntarily through the leniency of penalty and simplified procedure.However,the application of this system means that the reduction of some of the procedural rights of the suspects and defendants.Therefore,in order to ensure the legitimacy of the reduction of the right,it is particularly important to protect the voluntary confession of suspects and defendants.To strengthen the protection of the voluntary of suspects and defendants should take the premise of accurately understanding and grasping the content of pleading guilty and voluntary judgments,and take the main contents of protecting the criminal suspects and the defendant＇s rights to know and have lawyers to help,the right to withdraw after regret,and perfecting the court＇s voluntary review of the cases of guilty plea and accepting penalty.