认罪认罚“自愿性”保障的困境与纾解

The Dilemma and Improvement of“Voluntariness”Guarantees in Cases of Guilty Plea

2018年修订后的《刑事诉讼法》正式确立了认罪认罚从宽制度。然而,司法实践中该制度的适用还存在许多问题,突出表现为被追诉人权利保障缺位、值班律师作用发挥不明显和被追诉人上诉权受到限制等。上述问题共同导致认罪认罚案件中“自愿性”保障的缺位,被追诉人无法基于内心“自愿”放弃权利。在认罪认罚案件中,应当通过完善被追诉人权利告知程序、落实值班律师制度、保障被追诉人的上诉权等方式确保被追诉人“自愿”认罪服判,保障被追诉人的合法权益,推动认罪认罚制度的正当性建构。

The revised criminal procedure law of 2018 formally established the system of leniency for guilty plea in our country.However,there are still many problems in the judicial practice,such as the lack of protection of the rights of the accused,the lack of the duty lawyer and the limitation of the accused’s right of appeal.These problems collectively lead to the lack of“voluntary”protection in cases of confession and punish-ment,and the accused cannot make the choice to give up their rights based on“voluntary”in cases of con-fession and punishment.In criminal proceedings,it is necessary to improve the procedures for informing the rights of the accused,implement the system of on duty lawyers,and safeguard the right of appeal of the accused to voluntarily plead guilty and serve the sentence in cases of confession and punishment,so as to effectively protect the legal rights and interests of the accused and promote the legitimacy construc-tion of the confession and punishment system.