An Effective Defense Under The Leniency System For Guilty Pleas

The effective participation of lawyers in guilty plea cases is of great value.The effective participation of lawyers in case handling,providing professional legal help and escorting the free expression of the will of the accused can effectively reduce the occurrence of involuntary guilty plea.The duty lawyer plays a role in checking the factual basis of guilty plea,ensuring that the person who pleads guilty is indeed guilty,that is,ensuring that the guilty plea has a factual basis and strictly preventing the innocent person from pleading guilty,which has a certain positive significance in preventing unjust,false and wrong cases.Defense lawyer pleaded guilty to forfeit their cases should be mainly play its role in sentencing,timely,sentencing recommendations for the client,the proper supervision and procuratorial organs exercise the right of sentencing discretion,take the initiative to negotiate with procuratorial organs,as being prosecuted for maximum light,in addition,in order to avoid being prosecuted people blindly choose proceedings,lawyers can play a positive role,providing timely and accurate help and advice.The realization of effective defense in the case of guilty plea is faced with a realistic dilemma.Pleaded guilty to forfeit is dominated by procuratorial organs,as the national public power organs,the procuratorial organs of the inevitable in a dominant position,the accused party instead of negotiations is difficult to have the chance to bargain,the defense of the status in the disadvantage,present a potential can not close,the prosecuting and defending parties accused person one party do not cause enough attention,also it will be difficult to achieve real negotiation;To combine the running situation of the lawyer system on duty,a lot of duty lawyer delayed in the exercise of marking and the rights of the meeting failed to fully understand the facts of the case and evidence,the lack of prior consultation and communication with people being prosecuted,it also leads to its impossible to handle the case substantive opinion,more difficult to play a role of guarantee the essence of the accused person legitimate rights and interests;The problem that the punishment mechanism of confession is not perfect is also very prominent,and the negotiation environment needs to be improved.Our country has set up the system of leniency for guilty plea,but the corresponding charge and defense consultation procedure has not made clear provisions,which to some extent restricted the development of the system of leniency for guilty plea.In order to remove the obstacles to the realization of effective defense in cases of guilty plea,first of all,it is necessary to perfect the system of on-duty lawyer and set up the system of public defender.Duty lawyers should have the right to review papers and the right to meet with each other,so that duty lawyers can provide legal assistance to criminal suspects and defendants on the basis of fully understanding the facts of the case,while public defenders have the status of public officials and enjoy a lot of convenience in litigation,which is more conducive to the realization of equal dialogue between the accused and the defendant.Secondly,the prosecutor should go beyond the position of the prosecution,remain objective and neutral,and make compromises and concessions on the basis of equal consultation and fully listening to the opinions of the defense,so as to promote the better development of sentencing consultation.Finally,through the establishment of evidence discovery system,detailed sentencing consultation procedures,the serious guilty plea cases into the scope of designated defense,improve the consultation environment,optimize the consultation mechanism.