Study On The Effective Defense Issue In Admission Of Guilty And Acceptance Of Punishment Cases

Lawyers’ effective defense is the key to guaranteeing the voluntariness of the prosecutor’s confession of guilt and punishing,and a necessary condition for ensuring the reasonable operation of the leniency system for confession of guilt and punishment.However,influenced by traditional criminal defense concepts,and most lawyers have not accurately grasped the connotation and logical requirements of the leniency system for confession and punishment,the defense effect of lawyers in confession and punishment cases is not ideal in judicial practice.In order to promote the effective defense of lawyers in confessing guilt and punishing cases,and fully protect the lawful rights and interests of the prosecuted,this article discusses from the following four parts.The first part analyzes the concept of effective defense.Taking the effective defense concept of the United States as the starting point,a comprehensive analysis of domestic effective defense theory is carried out.Learn from the standards of effective defense in the United States and explore the establishment of an effective defense judgment standard that suits my country’s basic national conditions.The second part is to study the necessity of effective defense in cases of confession and punishment.Effective defense is not only a necessary condition for the proper operation of the leniency procedure for confession of guilt and punishment,but also a key factor to promote the balance between judicial justice and efficiency.The third part is based on the participation of lawyers in confession and punishment cases in the five districts under the jurisdiction of L City,combined with the overall operation of the confession and punishment lenient system,and summarizes the status quo of lawyers participating in defense in confession and punishment cases,that is,the participation of defense lawyers in confession and punishment cases.Low rates,formalization of defense lawyers’ pretrial participation,and poor operation of the on-duty lawyer system.The main reasons are the inaccurate positioning of lawyers in pleading guilty and punishing cases,the lack of a sentencing consultation mechanism,and the breakdown of the mechanism for connecting duty lawyers and defense lawyers.The fourth part is to put forward suggestions for improvement and build a supporting mechanism.First,research on the countermeasures for effective defense of lawyers in pleading guilty and punishing cases.First of all,lawyers must update their defense concepts.At the same time,lawyers should shift the focus of defense and learn new defense skills.In addition,lawyers must make the right positioning.Second,build a system that guarantees effective defense in cases of confession and punishment.First,build a sentencing consultation mechanism.It is necessary to clarify the start-up subject,start-up time,and participation subject of the sentencing consultation procedure.It is also necessary to formulate uniformly applicable sentencing standards and improve safeguards for sentencing consultations.Secondly,build a cohesive mechanism of work procedures between the duty lawyer and the defense lawyer.On the one hand,it facilitates the direct conversion of duty lawyers into defense lawyers.Establish an information docking mechanism between on-duty lawyers and defense lawyers.On the other hand,a channel for direct communication between on-duty lawyers and defense lawyers has been opened up.Clarify the handling of disagreements between defense lawyers and duty lawyers.Third,an assessment mechanism for on-duty lawyers must be established.Finally,construct a punishment and relief mechanism for invalid defense.After clarifying the criteria for determining invalid defenses,it is necessary to establish a disciplinary mechanism for invalid defenses and further improve the remedies for invalid defenses.