认罪认罚从宽制度改革与辩护律师参与的价值

Reform of System of Leniency on Admission of Guilty and Acceptance of Punishment and The value of Defense Counsel's Participation

解决被追诉人认罪认罚后却得不到适当、有效从宽处理的实践难题是认罪认罚从宽制度改革的着力点。该制度应当坚持以被追诉人自愿性选择为基础,强调控辩双方协商并经由法院最终司法审查确认。因此,认罪认罚从宽制度需确保每个被告人获得律师辩护的机会,以此与公诉方进行平等的协商和对话,避免可能的刑事误判,更好实现实体从宽。

It is the focus of the reform of the system to solve the practical problem that the prosecution can not get proper and effective leniency after pleading guilty and penalizing. The system should be based on the voluntary choice of the accused, emphasizing the negotiation between the prosecution and the defense and the confirmation by the court through the final judicial review. Therefore, it is necessary to ensure that each accused has the opportunity to defend the lawyer and ensure the participation of the defense counsel, so as to carry out equal consultation and dialogue with the public prosecution, to avoid possible criminal miscalculation, and achieve better substantive leniency.