认罪认罚从宽制度下的检察官主导作用

Procuratorial Power’s Leading Role in the System for Imposing Lenient Penalties on Those Confessing to Their Crimes and Accepting Punishments

认罪认罚从宽制度的实施对检察机关的司法理念、诉讼职权、工作机制产生了重大影响。在这一背景下,检察权的扩展进一步巩固了检察官在这一制度运用中的主导地位。但在坚持客观真实与法律真实辩证统一的制度要求下,检察官的主导作用应该以事实为基础、以法律为准绳,其路径发挥包括:通过引导侦查取证,发挥提前介入的主导作用;倡导非羁押诉讼,发挥强制措施适用的主导作用;正确适用不起诉权,发挥审查起诉的主导作用;提出确定刑与幅度刑相结合的量刑建议,发挥量刑的主导作用。而检察官的主导不等于恣意,主导更需要监督制约,需要尊重法院司法裁判权、犯罪嫌疑人辩护权、被告人辩护权、被害人参与权,以强化检察官责任。

The implementation of the system for imposing lenient penalties on those who confess to their crimes and accept punishments has exerted a profound effect on the procuratorial organs in terms of judicial ideology,functions and powers,and working mechanism.Against such a background,the expansion of procuratorial power has further consolidated the leading role played by the procurators in the operation of this system.However,such a leading role should be played on the basis of respecting the facts and law in the framework where the adherence to the objective truth is dialectically unified with the legal truth.Under such conditions,the procuratorial power can play a leading role in the following manner:to engage in the case by guiding the investigation and evidence collection;to advocate non-detention proceedings and play a leading role in applying the compulsory measures;to correctly implement the power of deciding not to prosecute and play a leading role in reviewing the prosecution;and to give suggestions concerning the combination of mandatory penalties and the penalties imposed at the court’s discretion within a range and play a leading role in deciding on a penalty.The procuratorial power’s leading role does not mean that it can perform its function without any constraints.In order to strengthen their sense of accountability,the procurators have to respect:the judicial power to make an independent decision;the defending rights enjoyed by the suspects and defendants;and the participatory rights entitled to the victims.