Research On Appeals And Protests In Confessed Guilt And Punished Cases

The purpose of exploring a system of confession and punishment for leniency is to improve the efficiency of criminal justice,and at the same time effectively implement the criminal policy of leniency and strictness.However,in cases of pleading guilty and punishment,the defendant appeals frequently and the procuratorial organ protests,and the second instance procedure is frequently initiated.This article uses a combination of judicial case analysis and theoretical analysis to discuss the response and resolution of the appeal and protest issues of pleading guilty and punishment cases.The text is divided into the following parts:The first part,on the basis of discovering the status quo of the second-instance procedure of pleading guilty and punishment cases,clarified the necessity of managing the second-instance appeal and protest issues of pleading guilty and punishment cases,and puts forward the main issues studied in this article.The second part specifically sorts out the main reasons for the defendant's appeal and the prosecution's second-instance protest in the case of pleading guilty.The reasons for the defendant's "active" appeal can be divided into "appeal to maintain reasonable interests" and "appeal to seek unreasonable interests." The defendant's "passive" appeal mainly has two reasons: "the procuratorial organ changed the sentencing proposal without authorization" and "the trial organ did not adopt the sentencing proposal".In addition,the procuratorial organs filed second-instance protests in two cases: "in order to restrict the defendant's unreasonable appeal" and "to respond to the trial organ's failure to adopt sentencing recommendations".The third part clarifies the main issues of appeals and protests in the second instance of pleading guilty and punishment cases,as well as the basic principles that should be adhered to and the basic positions that should be chosen to govern these issues.First,the "principle of guarantee of appeal right" should be clarified,and the defendant's right of appeal cannot be deprived even in cases of pleading guilty;second,the "principle of judicial efficiency" should be implemented to appropriately limit unreasonable appeals in cases of pleading guilty;Third,the "legal supervision principle" should be implemented,and the procuratorial organs should be encouraged to use protest methods to restrict the defendant's unreasonable appeals.Fourth,the "judicial integrity principle" should be sorted out,requiring the procuratorial organ to faithfully perform the content of the sentencing agreement;fifth The principle of "generally should be adopted" should be adhered to to ensure that the judicial organs can consciously respect the sentencing recommendations.The fourth part elaborates the specific plan for responding to the appeals and protests ofpleading guilty and punishment cases.First of all,we must take specific measures to limit the occurrence of repentance appeals,residence appeals,and judicial organs not adjusting the sentencing recommendations in accordance with legal procedures;second,establish the procuratorial organs to prohibit violations of commitments and safeguard the defendant 's trust interests;Safeguard the defendant's legal procedural rights;finally,it is necessary to construct an appeal review system to achieve effective control of appeals in cases of expedited confession and punishment.The fifth part puts forward the conclusion.When perfecting and developing the leniency system of pleading guilty and punishment,we must have a sense of problem and risk,and seriously deal with the appeal of the defendant and the protest of procuratorial organs in the case of pleading guilty.