认罪认罚案件中上诉权和抗诉权协调问题研究

Defendant’s Right to Appeal and Procuratorate’s Power of Protest in Cases of the Admission of Guilt and Punishment

一审适用认罪认罚从宽程序后,被告人提出上诉,导致认罪认罚从宽制度的立法目的无法实现。针对被告人的上诉,检察机关通过行使抗诉权予以反制,由此上诉和抗诉产生冲突,司法资源支出进一步扩大。未来可以通过修法限制被告人的上诉权,彻底解决上诉和抗诉的冲突,实现认罪认罚从宽制度的立法目的。在现行刑事诉讼法律框架内,检察机关通过制定内部规范性文件的方式明确可以提起抗诉的若干情形,缓和上诉和抗诉的冲突。同时,还需要切实保障被告人认罪认罚的自愿性以及检察机关的精准量刑建议作为配套措施。

The defendant still appeals after the application of the lenient procedure to the admission of guilt and punishment in the first instance,which makes it impossible to realize the legislative purpose of saving judicial resources.In the light of the defendant’s appeal,the procuratorial organs counter it by exercising the power of protest,resulting in conflicts between the right of appeal and the power of protest as well as further expanding the expenditure of judicial resources.In the future,the conflicts between the right of appeal and the power of protest can be solved by amending the law to restrict the defendant’s right of appeal,so as to realize the legislative purpose of lenient procedure to the admission of guilt and punishment.Within the current legal framework of criminal procedure,the procuratorial organs specify certain situations in which they can file power of protest by formulating internal normative documents,so as to alleviate the conflicts between the right of appeal and the power of protest.At the same time,it is also necessary to ensure the voluntary nature of the defendant’s admission of guilt and punishment as well as the precise sentencing recommendations of the procuratorial organs as supporting measures.