论认罪认罚从宽程序中律师的实质性参与

On the Substantive Participation of the Lawyer in the Procedure of Confession and Punishment Leniency

认罪认罚从宽程序是在借鉴域外相关制度的基础上,结合我国司法现状并经过试点运行、最后正式在立法上确立的旨在繁简分流案件、提高诉讼效率的一项新诉讼程序。但诉讼程序的简化和诉讼效率的提高不应以牺牲被追诉人的诉讼权利为代价。律师实质性参与是认罪认罚从宽案件之正当性基础,是保障被追诉人的诉讼权利、使案件获得公正审判的前提。尽管在认罪认罚从宽程序中律师实质性参与还存在一些困境和障碍,但仍需探究律师实质性参与认罪认罚从宽程序的合理路径,以保障认罪认罚从宽程序的顺利运行,并维护被追诉人的正当诉讼权益。

The procedure of confession and punishment leniency is a new procedure which aims at diverting cases from complicated and simplified cases and improving the efficiency of litigation on the basis of drawing lessons from the relevant extraterritorial system,combining with the current judicial situation of China and running on a pilot basis,and finally formally establishing in the legislation.However,the simplification of the procedure and the improvement of the efficiency should not be at the expense of the litigant’s right.Lawyer’s substantive participation is the legitimate basis of confession and punishment leniency,and is the premise of guaranteeing the litigant’s right of prosecution and making the case get a fair trial.Although there are still some difficulties and obstacles in lawyers’substantive participation in the confession and punishment leniency procedure,there is still a need to explore a reasonable path for lawyers’to substantively participate in the confession and punishment leniency procedure in order to guarantee the smooth operation of the confession and punishment leniency procedure and safeguard the legitimate rights and interests of the accused.