On The Prevention Of Unjust Cases In The Leniency System Of Confession And Punishment

The leniency system for pleading guilty and punishment is of great significance to the improvement of the efficiency of criminal proceedings and the protection of the suspect’s human rights.Protecting the accused’s voluntary confession is the basis and core issue to prevent the unjust,false and wrong cases of the leniency system of confession and punishment.In practice,the main problems are as follows: first,the defendant’s right to know the evidence has not been well guaranteed,and there is still a lack of relevant provisions to clarify the subject and scope of evidence discovery,resulting in the unequal information between the prosecution and the defense.The defendant makes a plea decision without fully mastering the case information,which is very easy to lead to the occurrence of unjust,false and wrong cases;Second,China’s legislation has not made corresponding norms for the review of the voluntariness of the defendant’s confession and punishment,resulting in the failure of the judicial organ to review the voluntariness of the defendant’s confession and punishment in practice in accordance with the normative guidelines,and the exclusion scope of illegal evidence does not include temptation and deception.The premise of the application of the confession and punishment system is to ensure the defendant’s voluntary confession and punishment,which must be based on the defendant’s voluntariness,Not through inducement,deception,etc;Third,in practice,there are some problems,such as the treatment of legal aid lawyers affects the enthusiasm of preventing unjust cases,the insufficient communication between lawyers and the accused,the passive involvement of lawyers on duty in the case process,the unclear effective defense standard of guilty and punishment cases,and the witness of lawyers on duty;Fourth,from the judicial practice of leniency system,the public security judicial organs lack guidance in the implementation of the obligation to inform the suspect,which makes the accused unable to fully understand procedural matters and affect his voluntary admission of guilt and punishment,and then may lead to injustice.Through the investigation of the unjust case prevention mechanism in the extraterritorial confession system and the analysis of the practice of China’s confession and punishment system,the improvement measures of the unjust case prevention mechanism are as follows: first,the standardization of evidence disclosure.The important premise of the accused’s voluntary confession and punishment and the choice of procedure is to understand the necessary case facts and evidence materials.Second,ensuring the voluntary consent of the suspect is the premise of applying the system.The confession by the public security judicial organs through the temptation and deception has not fully guaranteed the suspect’s voluntary confession and should be excluded.Third,formulate legal norms of effective legal aid standards,ensure that defense lawyers fully provide legal services for the accused,truly guarantee the voluntariness of the accused in making the plea decision,improve the on duty lawyer system,and establish the defender’s no crime defense system in the case of plea and punishment;Fourth,in order to ensure the smooth conduct of the lenient punishment procedure of the suspect in the public security organs,the procedural rights and the legal provisions in the contents should be more specific.Specifically,it includes clarifying the contents of "litigation rights" and "legal provisions".