Research On The Suggestion Of Sentencing In Lenient Cases

In the criminal procedure law revised in 2018,the leniency system of confession and punishment has been established,and the important role of sentencing suggestions of procuratorial organs has also been highlighted.As the sentencing suggestions put forward by the procuratorial organ may have a great influence on the final judgment result of the judicial organ,the discretion enjoyed by the judge and the sentencing debate between the prosecution and the defense in the trial stage,it can be said that the sentencing suggestions put forward by the procuratorial organ are the basis for the realization of the purpose of the leniency system of confession and punishment.In the trial process of leniency of confession and punishment cases,sentencing suggestions are not only the legal authority given by law to the procuratorial organ,but also the necessary guarantee to ensure the smooth proceeding of the litigation activities of confession and punishment cases.The proposal of sentencing of procuratorial organs should not only fully consider the reasonable expectation of the accused party on the conviction and sentencing,but also respect the final decision power of the court on the conviction and sentencing.It can be seen that the quality of the sentencing advice of the procuratorial organ directly affects the effect of the criminal suspect's faithful compliance with the signed confession agreement and whether the signed confession agreement can really be recognized by the judicial organ.From the perspective of judicial practice since the establishment of the leniency system of confession and punishment,in the process of case handling,there are many deficiencies in the proposal of sentencing of the procuratorial organ,such as the lack of enough attention to the importance of sentencing proposal by some procuratorial organs and prosecutors,the lack of normative guidance on sentencing proposal,and the lack of opinions of the defense in the formation of the proposal of sentencing by prosecutors Enough,the number of cases that sentencing recommendations are adopted by the court is not large,and so on.Through the deep analysis of the problems in the sentencing suggestions of the procuratorial organ in the case of leniency of confession and punishment,and put forward the solutions to the relevantproblems,so as to help improve the quality of the sentencing suggestions put forward by the procuratorial organ.In the research of this paper,aiming at the purpose of effectively improving the quality of sentencing suggestions for leniency of confession and punishment cases,the author mainly puts forward the following countermeasures: to fill in the relevant gaps by making operational sentencing guidelines,to solve the problem of inconsistent standards by making clear the scope of leniency in confession and punishment cases,and to improve it by establishing standardized sentencing consultation system The participation of lawyers and the establishment of the explanation of reasons and fault tolerance mechanism to balance the power of the prosecution to propose sentencing proposals and the discretion of judges.