无罪辩护视角下认罪认罚从宽制度研究

Research on the Leniency System for Confession and Punishment from the Perspective of Innocence Defense

认罪认罚制度与无罪辩护能否共存,在理论界和实务界的分歧较大。首先,从司法模式的转变、实质真实和合意真实以及诉讼效率和诉讼公正三个方面分析认罪认罚制度与被告人辩护权之间的张力产生的原因。其次,从法律依据、理论依据以及认罪认罚案件中允许律师进行无罪辩护的现实意义三个角度论证认罪认罚和无罪辩护在本质上并不冲突。最后,为了兼顾认罪认罚从宽制度的设计初衷以及被告人获得辩护的权利,应当在完善认罪认罚制度中无罪辩护的法律规定的同时,限缩辩护律师无罪辩护的空间并转变无罪辩护等同于有效辩护的传统理念,进而实现认罪认罚制度与无罪辩护的和谐共生。

There is a significant disagreement between the theoretical and practical circles on whether the system of admitting guilt and punishment can coexist with the defense of innocence. Firstly, analyze the reasons for the tension between the confession and punishment system and the defendant’s right to defense from three aspects: the transformation of judicial models, substantive truth and consensual truth, as well as litigation efficiency and fairness. Secondly, from three perspectives: legal basis, theoretical basis, and the practical significance of allowing lawyers to defend their innocence in cases of confession and punishment, it can be argued that confession and punishment do not fundamentally conflict with defense of innocence. Finally, in order to balance the design intention of the leniency system for confession and punishment and the defendant’s right to defense, it is necessary to improve the legal provisions for innocent defense in the confession and punishment system, while limiting the space for defense lawyers to defend innocent defense and transforming the traditional concept that innocent defense is equivalent to effective defense, in order to achieve a harmonious coexistence between the confession and punishment system and innocent defense.