论认罪认罚案件中量刑建议的约束力

On the Binding Force of Sentencing Proposal Based on Cases of Admission of Guilty and Acceptance of Punishment

公诉机关与被告人的协商与合意是认罪认罚从宽的前提与基础,量刑建议正是基于协商与合意而具有法律约束力。在认罪认罚案件中,量刑建议是被告人认罪认罚的前提,是检察机关客观义务的体现,是裁判者量刑的依据,也是被害人服判息讼的基础。明确、规范、合理的量刑建议使犯罪嫌疑人、被告人对案件诉讼结果有清晰的预期,能更好地促使被告人与公诉机关进行有效协商、确保法官量刑裁判的精准化与统一化。

The negotiation and agreement between the prosecutor and the defendant is a prerequisite and basis for pleading guilty. The sentencing recommendation is legally binding on the basis of negotiation and agreement. In the system of leniency on admission of guilty and acceptance of punishment,the sentencing recommendation is the precondition of defendant＇s confession and punishment,the concrete manifestation of the objective obligation of procuratorial organs,the basis of the sentencing of judges,and the basis of the victim＇s reconciliation. A clear,standardized and reasonable sentencing proposal makes the defendants have a clear expectation on the outcome of the lawsuit,and can better facilitate the defendant to ensure the accuracy and uniformity of the judge＇s sentencing.