认罪认罚从宽制度下不起诉制度适用的研究

Research on Application of Non-Prosecution under the System of Leniency on Admission of Guilty and Acceptance of Punishment

认罪认罚从宽制度是刑事速裁程序的进一步发展,其程序意义在于实现案件繁简分流。不起诉制度源于起诉便宜主义,旨在将部分案件在审判之前终结诉讼程序,但我国检察机关未能充分利用不起诉裁量权。认罪认罚从宽制度下,应对刑事诉讼全过程予以简化,审判前适用不起诉制度既有可行性,又有必要性。应明确将认罪认罚作为酌定不起诉的考量因素,将符合条件的案件及时分流出诉讼程序,是实现两项制度程序价值的出路。

The fast track procedure has been further developed into the system of leniency on admission of guilty and acceptance of punishment,and the latter＇s procedural significance is to divert complex cases and simple cases. Non-prosecution system starts from the principle of opportunity in prosecution. It aims to end the proceedings of part of criminal cases before trial. However,prosecutors in our country have failed to make full use of non-prosecution discretion. Under the system of leniency on admission of guilty and acceptance of punishment,we need to simplify the whole process of criminal procedure. It is feasible and necessary to apply non-prosecution before trial. In order to realize procedural value of both systems,we should set admission of guilty and acceptance of punishment as the consideration of non-prosecution,and separate cases which meet legal condition from criminal procedure proceedings in time.