The Protection Of Suspects And Defendants’s Rights In The Lenient Punishment For Admission Of Guilt And Acceptance Of Punishment Cognovit Note

In order to mitigate the contradiction between the limited judicial resources and the surging of criminal cases,traditional criminal treatment model is changing gradually.And the confronting with each other between the criminals and the authorities has been moderately alleviated.A conditioned "cooperation" model is emerging.The authorities gives some appropriate lenient concessions in sentencing and transfer part of procedural rights and interests.With this cooperation some criminal bypass in procedural adjudgment.And the authority can use the judicial resources maximumly,fulfill the effectively management of the social society.Based on the basic national conditions,China draw lessons from the Consultation Judicial System of Anglo-American law system and Continental law system,and established the Lenient Punishment for Admission of Guilt and Acceptance of Punishment(Abbreviation AGAP)system through gradually exploration and implemented with the release of CRIMINAL PROCEDURE LAW.As a benchmark of Lenient Punishment for Admission of guilty and Acceptance of Punishment,Cognovit note has been mentioned several times in"The Pilot Procedure for Lenient Punishment for Admission of Guilty and Acceptance of Punishment in some regions"("Pilot procedures" for short),"CRIMINAL PROCEDURE LAW" and "Guidelines of implementation of Lenient Punishment for Admission of Guilty and Acceptance of Punishment"("Guidelines for Implementation"for short).While there’s no explicitly definition of cognovit note or nature or description in laws and regulations.AGAP is directly related to the substantive and procedural rights of the criminal suspect and defendant.Therefore,from the perspective of protecting the legal rights and interests of criminal suspects and defendants who have signed the recognizance,it is of theoretical and practical significance to study the AGAP.Through the method of summarizing and sorting out the literature,on the basis of accurately positioning the meaning,nature and effectiveness of the AGAP,combined with my country’s criminal justice practice experience,it is found that the AGAP has insignificant contract attributes in the document format,low participation of lawyers in the negotiation process.Besides the negotiation of penalty measurement is inadequateCompared the cognovit note templates between People’s Procuratorates of Shandong Province Weihai City Huancui District and Steven L.Berman suspected of conspiracy to bid(case number:JFM-08-0266)Baltimore Chamber Maryland Court of US.And they are similar in subject of negotiation,process of engagement,contents,and the pending potency.While the signatories,the degrees of lawyer involvement is significantly different.These differences provide ideas and guidance for improving the Lenient Punishment for Admission of Guilt and Acceptance of Punishment cognovit note.To protect the rights of the suspects and defendants,by improving the form and contents of cognovit note,combining the criminal judgement practice and the reasonable suggestions from charge and defense agreement.To protect the negotiation subjects which take equal position in the engagement of cognovit note,by consummating the cognovit note form and fulfilling the rights and obligation in the contents.The suspects and defense lawyer authorized by the defendants or the duty lawyer can eventually participate in the recognizing process,to protect the rights of defendants.Conclude the implementation mode of parallel graded and vertical phased,which combined in the lenient punishment measurement,and make reasonably application of the definiteness and amplitude of penalty measurements.