The Study Of Voluntary Protection Of Defendants In Leniency

The voluntary nature of the defendant in the confession is the lifeline of the system,and it is necessary for the judge to play a good role in reviewing the voluntary role in the system.The judge to review the defendant pleaded guilty to forfeit their voluntary,first of all is to do for the interpretation of "voluntary" itself,from the perspective of psychology to explain the meaning of "voluntary",based on the requirement of "voluntary" in the plea bargaining,pleaded guilty to return to forfeit their from the system itself,the three dimensions of "voluntary" itself have a basic understanding of,the judge at the time of review the defendant voluntary,should pay close attention to the defendant external objective factors,foreign also should have a comment.From the practical point of view,there are three difficulties in the trial process of the system.Law is a professional discipline,has its complexity,the system is hardly for their crime under the use of the defendant has a clear understanding,for laws and legal consequences don't know.The second is the judicious determination of limitations.It ignores the psychological and physiological state of the defendant in making a guilty plea.Its three authenticity determines formalization.Under the system,the whole trial session will be omitted from the court investigation and the court debate.In the trial,the judge will only ask the defendant whether the defendant has pleaded guilty or not.The superposition of the three main problems seriously affected the original intention of this reform-litigation economy and human rights protection.Therefore,it is necessary to play the role of the judge to examine the voluntary role of the defendant in the light of the characteristics of the system trial and the establishment of the judicial review system.A core of the judge's review from the entity-evidence and proof standard.Set up specific scientific evidence examination standards,grasping the judge to review correctness,error rate,can be proved that scientific evidence,openness,recognition of five standards,and strictly formulating scientific evidence censorship rules.As to the proof standard,the judge examines the conviction of the defendant and the fact that the crime constitution is limited,the judge must insist that "the facts are clear,the evidence is true and sufficient".The "voluntary" review is the subject of a unified review with the "understanding" review and "fact base" review.The judge examines the investigation and the public prosecution organ to fulfill the obligation to the defendant to protect the "understanding" of the defendant's guilty plea.It should be established in the examination of all the materials involved in the public security organs and procuratorial organs,and in combination with other cases of the case,to determine whether the facts of the crime are excluded from reasonable doubt.It is necessary to carry out a specific review from the three levels of "confession","punishment" and "leniency".Negotiate the record program from the program,the implementation of investigation and prosecution stage talk things over solve,need to negotiate process especially pleaded guilty,the agreement to establish a special file,play the role of legal supervision,to determine the effectiveness and guarantee agreement.Negotiation pleaded guilty before the court in the program,the judge key review on the accuracy of the relevant facts of crime,the prosecutor suggested the sentencing of appropriateness,court negotiation pleaded guilty before the program is in accordance with the fair procedure rules;If the guilty plea is made under pressure,or if the guilty plea is made by the pressure,or if the reason for the guilty plea is not the true meaning,the defense is invalid.In the end,the withdrawal procedure should be used as the relief for the operation of the system,and of course,the defendant should exercise it within a reasonable scope,and cannot exercise the right of withdrawal at any time and at any time.