职务犯罪中认罪认罚从宽制度的适用问题与应对研究

Research on the Problems and Countermeasures of Leniency System of Guilty Plea in Duty Crimes

随着国家监察体系改革与《刑事诉讼法》的修订,认罪认罚从宽制度在监察程序与刑事司法程序中的适用成为职务犯罪中的常态。虽然《监察法》与《刑事诉讼法》都对认罪认罚从宽制度进行了规制,但是由于法律文本的差异,如适用前提不同、从宽建议规定不同、被调查人权利保障不同,导致认罪认罚制度在监察程序与刑事司法程序的衔接存在障碍,进而造成职务犯罪中认罪认罚适用率不高、从宽建议效力过大、被调查人认罪认罚自愿性难以保障等后果。认罪认罚从宽制度应从统一认罪认罚的内涵及适用标准、规范从宽建议效力、加强被调查人的权利保障等几方面进行规范与制度完善。

With the reform of the national supervision system and the revision of the Criminal Procedure Law, the application of the plea leniency system in the supervision procedures and criminal judicial procedures has become the normal state of duty crimes. Although both the Supervision Law and the Criminal Procedure Law regulate the leniency system of guilty plea, due to differences in legal texts, such as different application preconditions, different provisions on leniency suggestions, and different protection of the rights of the investigated, there are obstacles in the connection of the guilty plea system between the supervision procedure and the criminal judicial procedure. The result is that the application rate of guilty plea in duty crimes is not high, the effect of leniency suggestion is too large, and the voluntary nature of guilty plea of the investigated person is difficult to guarantee. The leniency system of guilty plea should be standardized and perfected from several aspects, such as unifying the connotation and applicable standards of guilty plea, standardizing the effectiveness of leniency suggestions, strengthening the protection of the rights of the investigated and perfecting the supervision and restriction system of supervisory organs.