论认罪认罚具结书的效力

The Effect of the Letter of Confirming the Plea of Guilty and Punishment

签署认罪认罚具结书是认罪认罚案件中一项重要的程序设计。被追诉人签署具结书表明其自愿如实供述自己的罪行,承认指控的犯罪事实,愿意接受处罚。辩护人或者值班律师签署具结书表明其见证了被追诉人认罪认罚的自愿性、明智性和真实性。检察机关制作具结书表明其愿意根据与被追诉人达成的协议提起公诉,提出量刑建议。法院一般应当采纳检察机关指控的罪名和量刑建议,表明具结书在一定程度上对其审判产生效力。认罪认罚具结书的效力能在被追诉人、辩护人或者值班律师、检察机关、法院四个主体上得到体现。既然具结书有效力,那其必有生效条件和失效条件。根据刑诉法第174条和《关于适用认罪认罚从宽制度的指导意见》第31条的规定,具结书的生效要同时满足人员构成的需要和特定情形的需要。失效条件亦然。

Signing a plea of guilty and punishment is an important procedural design in the case of pleading guilty.The respondent signs a statement indicating that he or she has voluntarily and truthfully confessed his crime,acknowledged the facts of the crime,and is willing to accept the punishment.The lawyer on duty and the defense attorney signs a statement indicating that they have witnessed the voluntariness,wisdom,and authenticity in the confession of the crime and the acceptance of the punishment made by the person being prosecuted.The procuratorial organ produces a written statement indicating that they are willing to file a public prosecution based on the agreement reached with the person being prosecuted,and puts forward suggestions for sentencing.The court should generally adopt the charges and sentencing suggestions made by the prosecutor,indicating that the statement has a certain binding effect on the trial.To be specific,the signed plea has a binding effect on the four parties:i.e.,the person being prosecuted,the lawyer on duty or the defense attorney,the prosecutor,and the court.Since the signed letter of pleading guilty and punishment has a binding force,there must be the conditions under which it is valid and invalid.According to Article 174 of the Criminal Procedure Law and Article 31 of the Guiding Opinions on the Application of the Plea Leniency System,the validity of the written statement must meet both the needs of personnel composition and the needs of specific circumstances.The same is true for the failure conditions.