检察环节认罪认罚从宽制度的程序构建

On the Procedure Construction of the System for Imposing Lenient Punishments on Those Confessing to Their Crimes and Accepting Punishments in Criminal Cases under Procuratorial Jurisdiction

检察环节是认罪认罚从宽制度价值实现的关键阶段,科学建构认罪案件在检察环节的审查程序,对于充分实现审前案件分流、节约司法资源意义重大。针对认罪案件的特殊性,成立由员额检察官和人民监督员组成的专门办案组审查认罪案件,有利于形成该类案件审查的专业化,提升案件办理质效。专门办案组提前介入、引导侦查机关承担部分启动简化程序的准备性工作,捕诉职能合一。量刑协商是控辩双方地位平等、意思自由的协商,具有相对独立性;适度扩大检察机关的自由裁量权限,最大限度减少简单案件向审判程序的流入;值班律师是犯罪嫌疑人合法权益的维护者和诉讼程序的监督者,对认罪案件的参与应当具有实质性。

The Procuratorial branch plays a crucial role in the realization of the system for'imposing lenient punishments on those confessing to their crimes and accepting punishments'in criminal cases,which is of great significance to scientifically sort cases and save judicial resources.In view of the particularity of pleading guilty cases,the establishment of a special case handling panel,composed of professional prosecutors and lay man supervisors to examine those cases,is conducive to the formation of a professional review and will enhance the quality of such reviewing.By allowing the special working team to intervene in advance,the investing branch can undertake the preparatory work so as to simplify the precedure and unify the function of arresting and prosecuting.Sentencing bargaining should focus on the equality of status and freedom of will between the prosecution and the defense with relative independence.The discretion of the procuratorial branch should be enlarged,and the load of simple cases lessened as much as possible.The lawyer on duty is the defender of the legitimate rights and interests of the criminal suspects and the supervisor of the proceedings,playing a substantial role.