On The Precision Of Sentencing Recommendations In Confession And Acceptance Of Guilt Case

The precision of sentencing advice is the most important part of the leniency system.Article 201 of the Criminal Procedure Law stipulates that in the case of guilty plea,the sentencing suggestions of the procuratorate should generally be adopted by the court.Therefore,the public prosecution department’s recommendation of sentencing becomes more and more important.The precision of sentencing suggestions has the advantages of improving the efficiency of litigation and promoting the openness and justice of sentencing.The suggestion of accurate sentencing is not inconsistent with the independent adjudication of judges.In general,the more accurate the sentencing recommendation,the clearer the suspect’s expectation of the outcome,the greater the likelihood of a guilty plea,and the greater the acceptance of the sentence.On the one hand,the precision of sentencing suggestions can make the leniency system of guilty plea develop to the depth,which is conducive to the voluntary confession of the accused.On the other hand,the precision of sentencing suggestions also represents the adequacy of consultation and communication,and ultimately promotes the parties to form a consensus on prosecution and defense.It has a positive guarantee value for the rationality,acceptability and recognition of sentencing suggestions,and can prevent appeals caused by sentencing problems later.Therefore,precision should become the development trend of sentencing suggestions.But now,in our judicial practice,the precision of sentencing advice has not become normal.Further speaking,it not only affects the judicial effect of lenient punishment,but also affects the original intention of the system,which can be resolved by establishing a communication mechanism between the court and the procuratorate in different situations.