监察阶段认罪认罚从宽制度与刑事司法工作的适用衔接

Linkage between the Lenient System of Guilty Plea and Punishment in the Supervisory Stage and the Application of Criminal Justice

认罪认罚从宽制度既存在于刑事诉讼程序中,也存在于国家监察程序中。虽然在立法理念上二者存在共通之处,但是二者在适用上存在衔接断裂。一方面,两种不同程序中"认罪认罚"的内涵存在区别。另一方面,在监察程序中,被调查人欲适用认罪认罚从宽制度,除了进行认罪认罚以外,还应具备其他四种情形之一。由于适用前提的不同,认罪认罚从宽制度在不同程序之间进行衔接和转化时,难免会出现不协调之处。监察机关的认罪认罚从宽建议可能通过直接或者转化等方式对刑事诉讼程序产生影响,而这两种情况皆可能存在程序上的断裂性。因此,需要从明确认罪认罚内涵及犯罪嫌疑人权利保障等方面着手,建立职务犯罪案件监察阶段与诉讼阶段认罪认罚制度的衔接。

The lenient system of guilty plea and punishment exists not only in criminal procedure, but also in state supervision procedure. Although there are similarities between the two in the legislative concept,there is a convergence between the two in application. On the one hand, the connotation of "guilty plea and punishment"in two different procedures is different. On the other hand, in the supervisory procedure, if the investigated person wants to apply the lenient system of guilty admission and punishment, there should be one of the other four cases in addition to guilty admission and punishment. Because of the different application premise,when the lenient system of guilty plea and punishment is connected and transformed between different procedures, there will inevitably be some disharmony. The suggestion of lenient guilty plea and punishment by supervisory organs may have an impact on criminal procedure through direct or transformation,and both cases may have procedural rupture. Therefore,it is necessary to establish the link between the supervisory stage of duty crime cases and the system of guilty plea and punishment in the litigation stage from the aspects of clear connotation of guilty plea and punishment and the protection of the rights of criminal suspects.