Research Report On Sentencing Advice In Criminal Guilt And Punishment Cases By Procuratorial Organs Of L Province F

The procuratorial organ puts forward the sentencing suggestions based on the system of leniency of punishment for pleading guilty,after fully communicating and consulting with the criminal suspect and his defenders on the issue of sentencing,which is one of the concrete ways to realize the criminal suspect’s claim for penalty.Because it objectively and comprehensively reflects the common will of all parties(including victims,procurators,criminal suspects and defenders),it is conducive to speeding up the process of litigation,saving judicial resources and improving the efficiency of case handling.However,this is put forward in a fair,open and fair negotiation environment,so it is not only conducive to balancing the litigation status of both sides,but also conducive to improving the standardization for the procuratorial organs to handle cases,as well as conductive to restricting excessive liberalization of the discretion of the judicial organs and enhancing the judicial credibility.Because it needs more time to implement the system of leniency of punishment for pleading guilty,the procuratorial organs’ sentencing suggestions applying to this system still have many insufficiencies,due to the imperfect of laws,regulations and their supporting measures,as well as the lagging ideas and the differences in understanding,let alone the mismatching between the procuratorial personnel quality and ability and the pace of reform.Through the investigation and analysis of the work of sentencing suggestions put forward by the procuratorial organs in F City of L Province in the application of the system of leniency of punishment for pleading guilty,this paper summarizes and analyzes the problems,such as the the content is not standard enough,the participation of the defense is not fully guaranteed in the formation process of sentencing suggestions,the supervision of the sentencing suggestions that have not taken effect is not sufficient,and the proportion of the proposed speedy sentencing procedure is too low.In view of the mentioned problems,this paper proposed to improve the work mechanism of improving the standardization of sentencing suggestions,ensure the effective participation of the defense in the formation process of sentencing suggestions,improve the supervision mechanism of sentencing suggestions,improve the quality of sentencing suggestions,and promote the countermeasures on the separation of simple and complicated cases.Since the investigation results are limited to the procuratorial organs in F city,it is hoped that the countermeasures obtained through the investigation can make some importance in the development of sentencing suggestions in the system of leniency of punishment for pleading guilty,and help the system to achieve stability and further development.This paper concludes four parts: the overall situation of the investigation,the summary of the problems,the analysis of the reasons,and the countermeasures.The first part is the preface,which puts forward the research background,significance,current situation,methods and innovations.The second part is the investigation and inspection of the implementation status of sentencing proposals in F City under the application of the system of leniency of punishment for pleading guilty,sorting out the statistical operation,summarizing the general features and the overall situation.The third part is the analysis of the problems and reasons based on the implementation of sentencing suggestions in F City.The fourth part is the proposing of countermeasures on the problems found in the investigation.