On The Procedural Relief Of Leniency For Guilty Pleas

The Leniency of Guilty Pleas and Punishment is an important new system added to the 2018 Criminal Procedure Law.It is a fuel to promote the rational allocation of judicial resources and the diversion of complicated cases,and to promote the establishment of a consultative judicial model in our country.The procedural remedy for the Leniency of Guilty Pleas and Punishmentis the system of correction and remedial which refers to the cases that meet the conditions for the Leniency of Guilty Pleas and Punishment,due to the irregular or illegal behavior of the public security judicial organ,the defender or the prosecuted person,resulting in damage to judicial justice and efficiency.The procedural relief of the Leniency of Guilty Pleas and Punishment is related to the protection of the lawful rights and interests of the prosecuted,the restriction and supervision of public power,and the balancing of the status of the prosecution and the defense.Judging from the judicial practice of the leniency system,the main situations that require procedural relief include the voluntariness of the accused's confession and punishment,the failure to fulfill the leniency promise,and the withdrawal of the accused's confession and punishment.The practice of relief procedures of the Leniency of Guilty Pleas and Punishment shows that the main reasons for the above phenomenon are that in the process of pleading guilty and punishing leniency,the actual strength of the prosecution and defense is imbalanced,and it is difficult for the court to conduct substantive review of the voluntariness of confession and punishment;the participation of duty lawyers is formalized,and the defense opinions issued by it are misleading;the prosecutors and trial parties lack the necessary communication,and the procuratorial organs are difficult to accurately grasp the sentencing recommendations;and the accused abuse the right of appeal.In terms of practice,reducing the initiation rate of non-essential procedural relief and rationally deploying procedural relief resources should be made by the three parties,prosecution,defense,and trial,to correct and improve the shortcomings exposed in practice.Specifically,the voluntariness of the accused's confession and punishment should be guaranteed at each stage of the litigation,prompting the lawyers on duty to provide substantive legal assistance,to further balance the litigation power of the prosecution and defense.Smoothing review and prosecution procedures and trial procedures,to enable the judicial authorities to recognize the sentencing agreement reached by the prosecution and defense to a greater extentand.Strengthening the reasoning of the judgment document,to ideologically educate and correct the abuse of prosecution in detention.