认罪认罚案件中值班律师之功能发挥

The function of duty lawyer in the case of confession and punishment

值班律师制度和认罪认罚从宽制度是顺应司法实践应运而生的事物,在被追诉人认罪认罚过程中赋予值班律师的有效帮助,这是司法改革一大创举,对于维护被追诉人、被害人、社会、国家等多方主体权益具有重要作用。被追诉人在认罪认罚案件中让渡了部分权利,可以有效缓解司法资源紧张、案件久拖不决、犯罪率居高不下等问题,带来司法效益的同时被追诉人在让渡内容、范围、程序等方面的知情权和参与权理应得到保障,没有专业律师予以有效帮助的让渡会演变为对自身权益的折损。从认罪认罚从宽制度的视角分析值班律师制度就在场权、会见权、阅卷权、取证权、辩护权等方面存在的问题,进而给出完善措施,以期值班律师在认罪认罚从宽制度运行中发挥更加显著的作用。

duty lawyer system and pleaded guilty to forfeit their from a system is adapt to the judicial practice arises at the historic moment,in the process of being prosecuted people confessed forfeit gives duty lawyer's help,this is a key initiative of judicial reform,for maintaining accused person,the victim,society,the rights and interests of state as the main body plays an important role.Accused person in a plea forfeit their cases assign the right parts,can effectively relieve the strain on the judicial resources,case dragged on,the problem such as high crime rate,bring the judicial efficiency while being prosecuted in assignment right in aspects of content,scope,procedure and participation should be guaranteed,not to the assignment of the professional lawyer to help evolve into a wreck of their rights.From the perspective of leniency system of admission of guilt and punishment,this paper analyzes the problems of duty lawyer system in respect of right of presence,right of meeting,right of reading papers,right of obtaining evidence,right of defense,and so on,and then puts forward some improvement measures,so as to make duty lawyer play a more significant role in the operation of leniency system of admission of guilt and punishment.