认罪认罚从宽制度中被追诉人辩护权保护的风险、反思及疏解

The Risk,Introspection and the Path of Protection of the Right of Defendants of the Accused in the System of Leniency on Admission of Guilty and Acceptance of Punishment

认罪认罚从宽试点工作已在全国展开,该制度已经成为当前司法改革中的重要问题。认罪认罚从宽制度中被追诉人辩护权将面临更大的风险。被追诉辩护权的保护是试点工作中的首要问题。辩护权包括获得律师帮助权、知情权、表达权、参与权、监督权等权利内容。有必要对被追诉人辩护权各项内容在认罪认罚从宽制度中面对的问题进行分析。以明确值班律师的地位,确保律师的全程参与诉讼,公安司法机关在认罪认罚案件中切实履行职责,保证开庭审理并赋予被追诉人有限的撤回权。

The system of leniency on admission of guilt and acceptance of punishment has become an important issue in the current judicial reform where the defendant rights will face greater risk.The pilot work takes the protection of the defendant rights as its primary issue.The defendant rights include the right to obtain the help of attorney,the right to learn the truth,the right to express,the right to participate and the right to supervise and so on.It is necessary to analyze the various contents of the defendant rights of the accused in the system of leniency on admission of guilt and acceptance of punishment.The status of the lawyer should be clarified,the full participation of the lawyer in the proceedings should be ensured.The public security and judicial organs shall perform their duties in the admission of guilt and acceptance of punishment cases,guaranteeing the trial and give the respondent limited right to withdraw.