认罪认罚从宽制度在职务犯罪案件中的适用

Research on the Application of Leniency System of Confession and Punishment of Duty Crime

在职务犯罪案件具体适用方面,认罪认罚从宽制度的价值没有得到完全展现,表现在监察调查与起诉阶段的衔接不够顺畅有序、自愿性审查不够平衡充分,检察机关提出确定刑量刑建议的能力有待提升。因此,需进一步认识职务犯罪案件适用认罪认罚从宽的制度价值,理顺认罪认罚从宽的监检程序衔接,健全自愿性审查机制,提升确定刑量刑建议适用率,准确把握高压反腐与认罪认罚从宽的平衡点,将认罪认罚从宽制度优势转化为反腐败效能。

As far as the specific application of duty crime cases is concerned,the leniency system of confession and punishment system value has not been fully demonstrated.Especially in the stage of supervision,investigation and prosecution of duty crime cases,the convergence has not been fully realized,the voluntary review is not balanced enough,and the ability of procuratorial organs to put forward suggestions on determining punishment and sentencing needs to be improved.It is necessary to further understand and realize the system value of leniency of confession and punishment in duty crime cases,straighten out the connection of supervision and prosecution procedures,improve the voluntary review mechanism,enhance the application rate of sentencing recommendations,promote the implementation of the leniency system between supervision and investigation and criminal procedure,and accurately grasp the high-pressure anti-corruption and confession of guilt and punishment The balance point of leniency will transform the advantage of leniency system into the efficiency of anti-corruption.