认罪认罚从宽制度适用的几个误区

Some Misunderstandings in the Application of the Leniency System of Confession of Guilt and Punishment

认罪认罚从宽制度是刑事诉讼制度改革的一项主要内容。但是对认罪认罚从宽制度的理解和适用,目前还存在着一些不符合立法精神的认识误区。这些误区主要有三个方面:一是把认罪认罚从宽制度理解为一种诉讼程序;二是认为认罪认罚从宽制度确立了控辩协商机制;三是把值班律师作为控辩协商的"见证人"。这些观点和做法在一定程度上影响了该制度的贯彻实施,有必要引起重视并加以纠正。

The leniency system of confession and acceptance punishment is one of the main contents in the reform of criminal procedure system. However, there are still some misunderstandings about the understanding and application of the leniency system which does not accord with the spirit of legislation. These misunderstandings mainly have three aspects: firstly, regarding the leniency system of confession and acceptance punishment as a kind of proceedings;secondly, some people think that the leniency system has established the negotiation mechanism between the prosecution and defense;Thirdly, regarding the duty lawyer as the witness of the prosecution and defense consultation. These viewpoints and practices have affected the implementation of the leniency system to some extent, so it is necessary to pay attention to them and correct them.