认罪认罚从宽制度中的有效辩护:从缘起到嵌入

Effective Defense in Leniency System of Confession and Punishment:from Birthing to Embedding

源于美国的有效辩护理念和无效辩护制度已获得跨域性的发展,无效辩护制度是对有效辩护原则的底限维护。认罪认罚从宽制度促成了庭审阶段律师辩护的全覆盖,律师帮助或辩护的效果问题便随之而生。将有效辩护原则和无效辩护制度引入认罪认罚从宽制度中,能对认罪认罚的自愿性和量刑协商等关键环节起到支撑作用。有效辩护原则的实现还需要在值班律师辩护职能、无效辩护证明责任以及律师制度的配套等具体机制层面进行完善。

Originated from the United States,the concept of effective defense and the system of invalid defense have achieved cross-regional development.The system of invalid defense maintains the basic principle of effective defense.The leniency of confession and punishment system has contributed to the full coverage of lawyer's defense in the trial stage,and the effect of lawyer's help or defense has arisen accordingly.Introducing the principle of effective defense and the system of invalid defense into the leniency system of confession and punishment,it can play a supporting role in the key links,such as voluntary confession and punishment and sentencing consultation.The realization of the principle of effective defense also needs to be improved at the specific mechanism level,such as the defense function of the duty lawyer,the burden of invalid defense proof and the supporting of the lawyer system.