认罪认罚从宽制度中值班律师职责定位及完善思路

The Function Localization and Improvement of the Duty Solicitor in the Leniency System of Guity and Punishment Admission

值班律师的参与是认罪认罚从宽程序正当性的体现和保证,由于目前存在值班律师地位与职责设定失衡的问题,导致实践中值班律师制度运行不畅,值班律师的职责不能有效行使,对于认罪认罚从宽程序正当性的保障功能失灵。应配合我国正在进行的刑事辩护全覆盖试点,根据案件的罪行轻重、适用程序分类划定值班律师和法律援助辩护律师的"势力范围",在明确值班律师介入案件范围的基础上,根据其职责和参与的程序环节,赋予保障其职责充分行使的相应诉讼权利,并采取按量计酬、弹性补贴的方式,最大限度地保证值班律师法律服务的质量和有效性。

The participation of the duty solicitor is embodiment and guarantee of the legitimacy of the leniency system of guity and punishment admission. Due to the imbalance between the status and the responsibility setting of the duty solicitor, the duty solicitor system is not running smoothly in practice, and the duty of the duty solicitor cannot be effectively exercised, thus the guarantee function of the legitimacy of the leniency procedure for admission of guilt and punishment fails. We should cooperate with the ongoing pilot project of full coverage of crirrdnal defense in our country, delimit the“scope of influence” of duty lawyers and legal aid defense lawyers according to the seriousness of crimes and the classification of applicable proce-dures of cases, and grant corresponding litigation rights to ensure the full exercise of their duties on the basis of clarifying the scope of duty lawyers’involvement in cases and according to their duties and procedures of participation. The quality and effectiveness of legal services provided by duty lawyers can be gumanteed to the greatest extent by means of payment according to quantity and flexible subsidy.