认罪认罚从宽制度中检察机关的作用研究

The Role of the Procuratorate in Lighter or Mitigated Punishment based on Voluntary Surrender or Confession

检察机关作为法律监督机关,在认罪认罚从宽制度中具有重要作用,除了常规的法律监督之外,检察机关应当具有程序启动上的决定性和定罪量刑上的关键性"两个主体"作用,即认罪认罚从宽制度的适用决定权由检察机关享有,其他机关和个人没有适用与否的决定权;检察机关对定罪量刑具有权威的话语权,人民法院原则上只对认罪认罚的自愿性合法性进行审查,非有法定情形,不得对检察机关提出的定罪量刑建议进行改变。"两个主体"作用的依据有理论和法律法规规定两个方面,作用的具体发挥需要通过立法或者规范性文件进行规制,并明确在侦查阶段原则上不适用认罪认罚从宽制度、在审查起诉和审判阶段的适用由检察机关决定,在审判阶段法院原则上应采纳检察机关的定罪量刑建议。

As a law enforcement supervisory agency, the procuratorate plays an important role in the voluntary surrender and confession system. Except for routine supervision, the procuratorate should also function as the performer to launch this procedure and to convict and sentence, denying other agencies＇ or individuals＇ power to decide. The authority to convict and sentence should go solely to the procuratorate, while the court only scrutinizes the voluntary and legitimacy nature of surrender and confession. The court should not change the conviction and sentence suggestions unless there are legal circumstances. Functioning as the performer in these two ways is based on theories and laws, which needs further administration by legislation or regulations. And it should be clarified that the voluntary surrender and confession system cannot be applied in investigation procedures, and can only be decided by the procuratorate in prosecuting and judging procedures. By principle, the court should convict and sentence according to the procuratorate＇s suggestions when judging.