认罪认罚案件中值班律师的功能定位与司法适用

The Function Location and Judicial Application of Duty Lawyer in the Cases of Pleading Guilty and Accepting Punishment

认罪认罚从宽制度的积极施行,将作为其配套措施的值班律师制度推向新的发展阶段。值班律师既不能被视为特殊的辩护人,也不能被视为实质的辩护人,应当将其明确定位为法律帮助者、见证人。在司法实践中,值班律师在认罪认罚案件中难以发挥实质的帮助作用,导致形式化和“站台效应”明显。因此,对值班律师既要作出必要限制,也要充分调动其积极性。为此,应逐步完善值班律师参与机制,将值班律师的挑选权交给被追诉人,调整值班律师报酬体系,允许值班律师可以转为法律援助律师.

The active implementation of the system of leniency for pleading guilty and accepting punishment will push the system of duty lawyer,as its supporting measure,to a new stage of development.The duty lawyer is neither a special defender nor a substantive defender,and should be positioned as a legal helper and witness definitely.In judicial practice,it is difficult for duty lawyer to play a helpful role substantially in the cases of pleading guilty and accepting punishment.That is to say,the system has become increasingly formalized and superficial.Therefore,we should not only make necessary restrictions on the duty lawyer,but also mobilize the enthusiasm of the duty lawyer fully.For this purpose,we should consummate the duty lawyer's participation mechanism step by step,give respondents the right to choosing duty lawyer,adjust the remuneration system of the duty lawyer,and allow the duty lawyer to become the legal aid lawyer.