A Study On The Estoppel Right Of The Accused In The Leniency System Of Admitting Guilt And Accepting Punishment

In the system of leniency,the judicial authority negotiates with the accused and deals with the case within the legal limits according to the result of the negotiation.Generally speaking,the accused cannot go back on his word,but in judicial practice,based on a variety of reasons,the accused sometimes go back on his word.Based on this,this article based on considerations of the judicial practice operation,combined with relevant theoretical knowledge,reference and draw lessons from the relevant countries and regions outside of the practice,the accused person the right to go back on our word malicious,advancing the accused person the right to go back on our word normal problems such as study,in order to improve the system of people being prosecuted in greater confessed forfeit the right to go back on our word of the problem.The first part is an overview.Although the law does not clearly stipulate the right of estoppel,from the perspective of the nature of the right,related theories and related presumptions,the right of estoppel is a litigation right enjoyed by the accused in criminal proceedings.The prosecutor's exercise of the right of estoppel includes two types of confession of guilt and the exercise of the right to confess to punishment.The applicable litigation stage covers the investigation stage,the review and prosecution stage,and the trial stage.Reasons for the prosecutor to exercise the right of remorse include involuntary confession of guilt and punishment,changes in the facts of the case,unsatisfactory handling results,and technical remorse,etc.The exercise of the right of remorse by the prosecutor is conducive to guaranteeing the voluntariness of the prosecutor's confession of guilt and punishing,highlighting the prosecutor's dominant position in criminal proceedings,and further improving the quality of case handling.The second part is the status quo and existing problems of my country's judicial practice.The "Guiding Opinions on the Application of the Leniency System for Plea and Punishment" issued by the two high schools and three departments clarified the estoppel after non-prosecution,before the prosecution,and the trial stage.Each region has further detailed the relevant provisions of the "Guiding Opinions" and local actual conditions.change.However,from a practical point of view,the system for the prosecution to exercise the right of estoppel is still imperfect,and the litigation stage,frequency limit,formal requirements and related consequences of the exercise are not very clear;the prosecutor exercises the right of estoppel without justified reasons,including using There are two forms: the principle of appeal without additional penalty,the exercise of the right to repent and the attempt to stay in the sentence to exercise the right of repentance;the supporting mechanism for the prosecutor to exercise the right of repentance is imperfect,including insufficient notification by the judiciary and insufficient function of the duty lawyer.The third part is the investigation and enlightenment of other countries and regions.The investigation on the exercise of estoppel rights by the prosecutors in the United Kingdom,the United States,Germany and my country's Taiwan region.The focus of the investigation is whether to adopt estoppel and how to treat the right of appeal,etc.and it is concluded that the explosive increase in the number of cases is an important consideration for the establishment of estoppel rights.Factors,the accused must have justified reasons for exercising the right of estoppel,the guilty confession should be excluded,and whether to give up the right of appeal belongs to the scope of negotiation and other enlightenments.The fourth part is to improve the prosecution's several ideas for exercising the right of estoppel.It is necessary to improve the system design of the prosecutor's exercise of the right of estoppel,including clarification of the processing after the exercise of the right of estoppel at various stages,no limit on the number of times the right of estoppel is exercised,the right of estoppel should be exercised in written form,and the relevant confession should be excluded.It is necessary to make it clear that the right of repentance can only be exercised when there are legitimate reasons,including the prosecutor's assertion of innocence,involuntary confession of guilt and punishment,unwise confession of guilt and punishment,and failure of the public security and judicial organs to deal with the prosecutor accordingly,and Restrict the accused from exercising the right of estoppel without justified reasons.It is necessary to improve the relevant supporting mechanisms,including strengthening the notification obligation of the public security and judicial organs,refining the evidence discovery system of the public security and judicial organs,and improving the system of on-duty lawyers.