认罪认罚案件上诉问题探讨

Discussion on Problems of Appeal in Cases of Leniency on Admission of Guilty and Acceptance of Punishment

认罪认罚案件上诉权的设置存在多元价值冲突的情形,基于公正价值与效率价值的平衡需要,应当明确赋予认罪认罚案件被告人上诉权。在上诉权的设置上,应当对适用速裁程序审理的认罪认罚案件被告人的上诉权进行限制,要求速裁案件被告人上诉必须有正当理由,而认罪认罚案件适用其他程序审理的则无需附加理由。速裁案件被告人上诉的正当理由主要包括:定罪问题,主要包括被告人一审程序中的认罪是非自愿的以及一审判决作出后出现影响定罪的新事实、新证据等,量刑问题以及重大程序违法问题。为保障认罪认罚案件被告人上诉权的行使,应当要求被告人上诉向二审法院提出申请、二审法院对被告人的申请应当迅速及时审查;同时,二审法院在审理案件时应当遵循重点审查原则和上诉不加刑原则;采取措施限制检察机关提起"技术性抗诉"。

The setting of the right to appeal in cases of leniency on admission of guilty and acceptance of punishment has the conflict of multiple values.Based on the balance between the value of justice and the value of efficiency,the defendant should be given the right to appeal in cases of leniency on admission of guilty and acceptance of punishment.In the establishment of the right to appeal,the defendant’s right to appeal should be limited in cases of leniency on admission of guilty and acceptance of punishment in which the rapid-trial procedure applies,and the defendant’s appeal should have justifiable reasons.And the right to appeal shouldn’t be limited in cases of leniency on admission of guilty and acceptance of punishment in which the ordinary procedure or the summary procedure applies.In the cases of leniency on admission of guilty and acceptance of punishment that are tried in the rapid-trial procedure,the reasons for the defendant to appeal mainly include problems of the conviction,such as the defendant’s involuntary admission of guilt in the trial of first instance and the emergence of new facts and new evidence which affect the conviction,sentencing problems and major procedural violations.In order to ensure the exercise of the defendant’s right to appeal in cases of leniency on admission of guilty and acceptance of punishment,the defendant shall be required to apply to the court of second instance for an appeal,and the court of second instance shall examine the defendant’s application promptly.At the same time,the court of second instance should conduct a limited review to the extent of appeal,and shall not aggravate the criminal punishment on the defendant in cases appealed by the defendant.Measures should be taken to limit the people’s procuratorate’s"technical appeals".