认罪认罚从宽案件被告人上诉应对与反思

Response and Reflection on Appeals of Defendants in Lenient Punishment Cases of Confession

2018年《刑事诉讼法》修改并正式确立认罪认罚从宽制度,作为中国特色社会主义刑事司法制度的重大创新,丰富了刑事司法与犯罪治理。实践中认罪认罚制度上诉率虽低于正常刑事案件,但是出现大量空白上诉,不仅消耗司法资源,而且动摇司法权威。对认罪认罚案件上诉权与抗诉应对的合理性展开探讨,构建认罪认罚上诉机制和检察机关有条件的行使抗诉权,有助于进一步完善认罪认罚制度。

In 2018,the Criminal Procedure Law was amended and formally established a leniency system for confession.As a major innovation of the socialist criminal justice system with Chinese characteristics,it has enriched criminal justice and crime governance.In practice,although the appeal rate of the plead guilty system is lower than that of normal criminal cases,there are a large number of blank appeals,which not only consumes judicial resources but also shakes judicial authority.Discussing the rationality of the appeal right of plead guilty cases and the response to protests,constructing a confession appeal mechanism and the conditional exercise of the right of protest by procuratorial organs will help to the further improvement of the confession system.