论认罪认罚从宽制度中的律师参与机制

The Participation Mechanism of Lawyers in the Lenient System of Admission of Guilt and Punishment

认罪认罚从宽制度是近年我国刑事诉讼程序创新发展的重要成果,律师的有效参与是该制度健康运行的重要保障。律师的参与覆盖立案侦查、审查起诉和庭审辩护三个重要阶段,在每个阶段中发挥的作用有所差异。进一步完善认罪认罚从宽制度中的律师参与机制有三个重心,即建立健全律师值班制度,完善法律援助制度,特别是要完善律师在庭审前诉讼阶段的"有效参与",以保障认罪协商合法、认罚处罚公正和程序选择理性。

The lenient system of admission of guilt and punishment is an important outcome of the innovation and development of China’s criminal procedure system in recent years, and the effective participation of lawyers is an important guarantee for the effective operation of the system. Lawyers’ participation covers three important stages: case filing & investigation, prosecution and trial defense, and they play different roles in each stage. There are three focuses to improve the lawyers’ participation mechanism in the lenient system of admission of guilt and punishment, that is, to establish and improve the system of lawyers’ duty, improve the legal aid system, especially to improve lawyers’ effective participation in the pre-trial litigation stage, so as to guarantee the legitimacy of confession, the justice of admission of punishment and the rationality of procedure selection.