认罪认罚从宽制度对轻罪羁押的影响--以S省H市为研究样本

On the Influence of the Leniency System of Admitting Guilt and Accepting Punishment on Misdemeanor Arrest--Take H City of S Province as the Research Sample

犯罪嫌疑人、被告人认罪认罚的行为,既有利于公安司法机关固定证据,又是其悔罪的重要表现,降低了其羁押必要性。因此,从逻辑上看,认罪认罚从宽制度的实施应当促成轻罪案件羁押率的降低。然而,从相关地区的研究样本来看,实践中认罪认罚从宽在审查批捕、羁押必要性审查、变更强制措施程序中均未发挥其应有的作用,并未对轻罪羁押产生较大影响。短期来看,为增加认罪认罚对轻罪羁押的影响力,应当规范认罪认罚在侦查阶段的适用,完善羁押必要性审查和变更强制措施制度。长期来看,应当考虑建立相对独立的轻罪羁押制度。

The behavior of criminal suspects and defendants to admit guilt and accept punishment is not only helpful for the public security and judicial organs to fix evidence,but also an important manifestation of their repentance.This reduces the need for their detention.Therefore,from a logical point of view,the implementation of the leniency system for guilty pleas and punishment should lead to a reduction in the detention rate of misdemeanor cases.However,judging from the research samples from relevant regions,in practice,the leniency system of admitting guilt and accepting punishment has not played its due role in the procedures for approving arrest,reviewing the necessity of detention and changing compulsory measures.It did not have a major impact on misdemeanor custody.In the short term,in order to increase the influence of confession and punishment on misdemeanor detention,the application of confession and punishment in the investigation stage should be regulated,and the system of reviewing the necessity of detention and changing compulsory measures should be improved.In the long term,the establishment of a relatively independent petty crime detention system should be considered.