认罪认罚从宽制度中律师有效辩护的实现路径

Realization of Effective Lawyer Defense in Confession and Confession

律师的有效辩护是认罪认罚从宽程序得以正当运行的必要条件,是确保犯罪嫌疑人、被告人认罪认罚的自愿性,帮助其与检察机关进行量刑协商,为其争取最大限度量刑优惠的关键。然而在司法实践中,认罪认罚案件中律师的辩护效果不甚理想。为了实现律师在认罪认罚从宽程序中的有效辩护,需要厘清司法实践中律师有效辩护的现实阻碍,并结合认罪认罚从宽制度所特有的程序机制,通过适当转变律师的辩护策略、完善值班律师制度、建立控辩平等的量刑协商程序以及完善律师辩护权利的救济机制等措施,来推动实现律师在认罪认罚案件中的有效辩护。

The effective defense of a lawyer is a necessary condition for the confession and punishment to be properly run. It is the key to ensuring the voluntariness of criminal suspects and defendants in confessing their crimes, helping them to negotiate with the procuratorial organs in order to obtain the maximum preferential treatment for sentencing. However, in judicial practice, the defense effect of lawyers in cases of confession and punishment is not satisfactory. To achieve a lawyer effective defense in the confession and punishment leniency procedure needs to clarify the practical obstacles to effective lawyer defense in judicial practice and combine the peculiar procedural mechanism peculiar to leniency, and through appropriate transformation of lawyers’ defense strategies, improvement of the duty lawyer system, establish measures such as equal sentencing and prosecution sentencing and the relief mechanism of lawyers ’defense rights to promote the realization of lawyers’ confession effective defense in plea cases.