认罪认罚从宽制度在毒品犯罪案件中的具体适用

The Specific Application of the Leniency System of Guilty Plea in the Case of Drug Crime

认罪认罚从宽制度将在实体和程序两方面对我国刑事司法活动产生重大影响。就毒品犯罪案件而言,存在数量多、重刑适用率高、证据单一、翻供普遍、无被害人参与等特点,具有适用认罪认罚从宽制度的天然诉求和有利条件。毒品犯罪案件在适用认罪认罚从宽制度过程中,案件范围应进一步放开、证明标准可适当降低、适用效果和从宽幅度应当进一步扩大,此外应当加大法律援助的参与力度且充分保障犯罪嫌疑人、被告人的程序回撤权。应当对认罪认罚从宽制度进行科学设计,使得在毒品犯罪案件中实现效率和公正的双重价值。

The leniency system of guilty plea will have a significant impact on the criminal justice activities in our country from the aspects of substance and procedure. There are many characteristics of drug crime cases, such as numbers of punishments, high rate of heavy punishment, single evidence, universal reference and no victims' participation, which have the natural appeal and favorable conditions for the application of the leniency system. In the application of the leniency system of guilty plea, the scope of cases should be further liberalized in the case of drug crimes and the standard of proof should be reduced appropriately. The applicable effect and the broad scope should be further expanded. In addition, legal aid should be increased to protect the suspects and the defendants. The leniency system of guilty plea should be designed scientifically to realize the dual values of efficiency and fairness in drug-related criminal cases.