精准刑抑或幅度刑:认罪认罚从宽案件中量刑建议问题

Precise Sentencing or Range:The Issue About the Suggestions on the Sentencing Standard for Admitting Guilt and Accepting Punishment

2018年《刑事诉讼法》修改后,认罪认罚从宽制度进入全面实施阶段。根据《刑事诉讼法》及两高三部发布的《关于适用认罪认罚从宽制度的指导意见》之规定,检察机关在适用认罪认罚从宽制度的案件中一般应当提精准刑量刑建议。量刑建议精准化不仅符合认罪认罚从宽制度的要求,而且符合检察机关公诉权的要求。司法实践中,量刑建议精准化面临从宽幅度不明确、控辩协商不充分等困境。针对这些困境,我国应确立阶梯式从宽量刑标准,加强控辩协商等。

Since The Criminal Procedure Law of the People′s Republic of China was amended in 2018,the leniency system for admitting guilt and accepting punishment has been carried out fully.According to the provisions of The Criminal Procedure Law of the People′s Republic of China and The Guiding Opinions on the Application of the Lenient Punishment System of Guilty Plea issued by two or three ministries,the procuratorial organs should generally put forward suggestions of precise sentencing in cases where the leniency system for admitting guilt and accepting punishment is applied.The proposed accuracy of sentencing is not only in line with the requirements of the leniency system for admitting guilt and accepting punishment,but is also consistent with the requirements of public prosecution power of procuratorial organ.In China′s current judicial practice,the precise sentencing proposal is faced with difficulties such as unclear leniency range,and insufficient charge-defense negotiation.In view of these difficulties,China should ensure the stepwise lenient sentencing standard and strengthen the charge-defense negotiation.