监察从宽处罚建议衔接刑事司法的应然限度

On the Due Limits of Linking up Criminal Justice with the Suggestion of Lenient Punishment by Supervision

监察从宽处罚建议属国家监察体制改革的特色部分,其与检察量刑建议形成了“两法”衔接的立法探讨空间。监察从宽处罚建议的程序运行过程中存在着诸如被调查人认罪认罚真实性与自愿性依据不足、证据取得程序不合法、从宽标准不统一以及程序救济缺失等问题。从程序规制的立法完善角度考量,检察机关在移送审查起诉期间须立足于法律监督职责对监察从宽处罚建议作实质审查,构建监察从宽处罚建议采纳情况报告机制;充分发挥提前介入监督效果,避免退回补充调查的程序回转弊端;适度扩张法律帮助主体范围,注重保障被调查人的程序救济权利。

The suggestion of lenient punishment by supervision is a characteristic part of the reform of the national supervision system,and it forms a space for legislative discussion linking the two laws with the suggestion of procuratorial sentencing.There are some problems in the process of the suggestion of lenient punishment by supervision,such as insufficient basis for the authenticity and voluntariness of the respondent's confession and punishment,illegal procedure for obtaining evidence,inconsistent leniency standards and lack of procedural relief.From the perspective of legislative perfection of procedural regulation,the procuratorial organ should make a substantive examination of the supervision lenient punishment proposal based on its legal supervision duties during the transfer review and prosecution,and construct a reporting mechanism for the adoption of the supervision lenient punishment proposal;give full play to the effect of early intervention and supervision,and avoid the drawbacks of returning supplementary investigation procedures;moderately expand the scope of legal aid subjects,and pay attention to ensuring the procedural relief rights of the respondents.