认罪认罚被追诉人上诉问题研究

On Appeal of the Accused Who Admits Guilty and Pleas for Leniency

应然层面,认罪认罚从宽制度相关程序设计围绕效率价值展开,被告人认罪认罚后上诉浪费司法资源,因而应当被否定;实然层面,认罪认罚从宽相关配套机制不完善,公正价值难以全面保障,允许上诉是被告人权利救济的有效途径。认罪认罚制度公正与效率价值对立平衡点在于被告人的权利保障,检察机关一般应当以量刑根据发生客观变化导致量刑畸轻为由启动抗诉程序。其重点在于由上一级检察机关审查原审认罪认罚被告人权利的保障情况,权利保障到位的,应当提起抗诉以保障诉讼效率;反之则以抗诉错误为由撤回抗诉,待未来公正价值得以充分保障后,采裁量型上诉模式,防范滥诉以保障诉讼效率。

As it should be,the program design of the leniency system of pleading guilty revolves around the value of efficiency,and the appeal after the defendant pleads guilty is a waste of judicial resources,so it should be denied.In fact,the supporting mechanism of leniency in pleading guilty is not perfect,the value of justice is difficult to be fully guaranteed,and allowing appeal is an effective way to remedy the rights of the defendant.The balance between the value of justice and efficiency of the guilty plea system lies in the protection of the rights of the defendant.generally speaking,the procuratorial organs should start the protest procedure on the grounds that the sentencing is too light due to the objective change of sentencing.The key point is that the procuratorial organ at the next higher level should examine the protection of the right of the defendant to plead guilty.If the right protection is in place,it should file a protest to ensure the efficiency of the lawsuit;otherwise,it should withdraw the protest on the grounds of protest errors,and when the value of justice can be fully guaranteed in the future,the discretionary appeal mode should be adopted to prevent abuse of litigation in order to ensure the efficiency of litigation.