认罪认罚案件普通程序简化审的反思与完善

Reflection and Perfection of Simplified Trial of Ordinary Procedure of Plea for Leniency Case

刑事简易、速裁有案件范围限制,因此在认罪认罚从宽制度之下,以上两种审理程序仅为轻罪案件服务。然而案件有轻重,普通程序在现阶段我国的刑事审判程序中却没有分化。当重刑案件的被追诉人在刑事诉讼中的某个阶段有认罪认罚的意思表示时,根据适用条件显然不可以通过简易程序与速裁程序继续进程,因此在仅有普通程序作为选择、而被追诉人又为司法机关表达可以节约司法资源的意愿时,从普通程序中分离出更为简化的审理程序则尤为必要。当前,普通程序简化审已在实务中有所运用,然而存在规范引导、被告人的证据知情权尚未得到认可、有效辩护不足、法官参与力度不足以起到保障认罪认罚量刑建议公正性等问题,导致简化审程序在案件办理中的功效大大减退。未来应建立健全认罪认罚案件普通程序简化审制度规范,明确操作流程,保障被追诉人的证据知情权并为其提供有效法律帮助,加大人民法院对案件审前阶段认罪认罚的必要性审查等,为普通程序简化审程序在认罪认罚案件办理中发挥相应效用提供条件。

Simple and expedited criminal cases are limited in the scope of cases.Therefore,under the lenient system of plea guilty,the above two kinds of trial procedures only serve for misdemeanors.However,the cases are serious,and the ordinary procedure is not differentiated in the criminal trial procedure of China at this stage.When the prosecutor in a severe punishment case has the intention to plead guilty and accept punishment at a certain stage in the criminal proceedings,it is obvious that the process cannot be continued through the summary procedure and the expediting procedure according to the applicable conditions.Therefore,when the person being prosecuted only has the ordinary procedure as the option and expresses the will to save judicial resources for the judicial organs,it is especially necessary to separate a more simplified trial procedure from the ordinary procedure.At present,the ordinary procedure simplified trial has been applied in practice.However,there are problems such as standardized guidance,the defendant’s right to know evidence has not been recognized,effective defense is insufficient,and the participation of judges is insufficient to ensure the fairness of confession,punishment,and sentencing recommendations.As a result,the effectiveness of simplified trial procedures in case handling has greatly diminished.In the future,it is necessary to establish and improve the ordinary procedures for confessing guilt and punishing cases,simplifying the trial system and standardization,clarifying the operating procedures,protecting the prosecutor’s right to know the evidence and providing effective legal assistance for them,and increasing the need for the people’s courts to confess guilt and punishment in the pretrial stage of the case,so as to provide conditions for the simplified trial procedures of ordinary procedures to play a corresponding role in the handling of guilty and punishing cases.