未成年人认罪认罚“从宽”量刑问题研究——基于中国裁判文书网数据的分析

Research on the Issue of “Lenient”Sentencing for Juvenile Admission of Guilt and Punishment——Based on the analysis of data of China Judgment Document Network

2018年《刑事诉讼法》新增认罪认罚从宽制度,未成年被追诉人选择认罪认罚,同样可以从宽。未成年被追诉人认罪认罚“从宽”幅度上限应当与成年人被追诉人从宽幅度上限无差别;同时应拓宽未成年被追诉人“从宽”处理的渠道,减少监禁刑的适用。

In 2018, the Criminal Procedure Law added a new lenient system for admitting guilt and punishment, and the juvenile prosecutor chose to admit guilt and punishment, which could also be conducted leniently. The upper limit of lenient range for juvenile accused person after commiting guilty and punishment should be same with it for the adult prosecutor. At the same time, the channels for lenient treatment for juvenile admitting guilty and punishment should be broadened so as to reduce the application of imprisonment.