On The Role Of The Procurator In Lighter Or Mitigated Punishment Based On Voluntary Surrender Or Confession

The key point to the Lighter or Mitigated Punishment Based on Voluntary Surrender or Confession is the voluntary and the reality of the accused.The stage of review and prosecution is such an important stage that how to perform well,for prosecutors,in the stage of review and prosecution is of importance.However,when it comes to this situation,there still remains inadequacy.Although there are some different action in the juridical practice,it is still necessary to study further in both authority and juridical practice.Studying how the prosecutors guarantee the voluntary and reality of the voluntary surrender or confession through verifying evidence,interrogating the suspect,and learning about the opinions from the lawyers has a positive effect on guarding the law of the Lighter or Mitigated Punishment Based on Voluntary Surrender or Confession.The paper will be arranged in three parts,in addition to the Introduction and includes more than 37000 words.The first part studies the ways of prosecutors functioning in the Lighter or Mitigated Punishment Based on Voluntary Surrender or Confession.The prosecutors have the objective responsibility to guarantee the voluntary and reality of the accused.Therefore,the prosecutors should perform well.In practice,some judges and on-duty lawyers secure the voluntary and reality of the accused half-heartedly,which requires the prosecutor performs their duties diligently in the stage of review and prosecution.The prosecutor should make sure the facts are clear and the evidence is solid through examining the case files,carrying out supplementary investigation when necessary listening to the investigators.Through interrogation,the prosecutor should protect the voluntary and reality of the accused.Basing on the requirements above met,the prosecutor confirms voluntary surrender or confession of the accused through interrogation;urges the lawyer to perform the duty diligently,and learns the opinions to protect the accused to gain an effective assistance from the lawyer so that the voluntary and reality of the accused can be protected.The second part makes an empirical study of the role of prosecutors in the Lighter or Mitigated Punishment Based on Voluntary Surrender or Confession.From the practical situation,the degree of realization of the role of prosecutors varies greatly.First of all,from the prosecutor verifying the evidence,some prosecutors read the paper is not sufficient,andreview the voluntary of the accused pleading guilty is inadequate.But there are also pilot units in the electronic dossier has accumulated experience,which improves the efficiency of the prosecutor examining the case files.Secondly,From the perspective of interrogation of criminal suspects,some prosecutors pay little attention to pre-interrogation notification and formal interrogation.Furthermore,the content of pre-interrogation notification is not comprehensive;the content of pre-interrogation notification is formalized;the content of interrogation is single and repeated;the process of interrogation is formalized;the function of procuratorial interrogation is alienated,and the protection of the rights of the person pursued in procuratorial interrogation is not in place.Nevertheless some pilot unit accumulate experience in pre-interrogation notification and remote video interrogation.Lastly,from the perspective of listening to the opinions of lawyers,the effect is not ideal in some places.The main problems include the poor quality of the on-duty lawyers themselves,the failure of the on-duty lawyers to put forward high-quality opinions,the insufficient play of the leading role of prosecutors,and the fact that prosecutors do not attach importance to the opinions of lawyers.However,some pilot units have accumulated valuable experience in listening to lawyers' opinions through innovative work mechanisms.The third part studies how to ensure the prosecutor to play a role in the Lighter or Mitigated Punishment Based on Voluntary Surrender or Confession.In the verification of evidence,procurators should change their work philosophy,fully review the papers,and dare to supplement investigation when necessary.And a system of listening to the opinions of investigators should be established.In terms of procuratorial interrogation,we should consummate pre-interrogation notification,establish the right notice system,formulate relevant procedural rules and a procedural sanction mechanism,and construct the second stage of procuratorial interrogation procedure.The procuratorial interrogation is divided into two stages.The first stage of procuratorial interrogation mainly plays the function of examination and prosecution,and the second stage of procuratorial interrogation mainly plays the function of confirmation of voluntary surrender or confession.In the aspect to listen to lawyers,the construction of the on-duty lawyers on should be strengthened,the status of the defenders of the on-duty lawyers should be clarified,high-quality opinions of the lawyers should be guaranteed,the opinions of the lawyers should be carefully listened to,and the effective feedback of should be guaranteed.