Research On Criminal Defense In Plea-bargained Cases

The original design of the plea leniency system is to play a role in streamlining,improving judicial efficiency and optimizing the allocation of judicial resources.With the revision of the Criminal Procedure Law in 2018,the successful experience of the pilot plea leniency system was elevated to law,and the plea leniency system began to be applied to all stages of criminal case proceedings,becoming one of the systems commonly used in criminal proceedings.The plea leniency system has had a great impact on the previous system design and procedure operation of criminal litigation,and its design purpose of simplifying the procedure and streamlining the complexity makes it different from any previous criminal litigation system reform,and its system features also make the defense system in plea cases unique.The current situation that the quality of criminal defense in China is not high and the defense rate still has much room for improvement makes the protection of defendants’ legal rights and interests in plea cases an urgent issue to be solved.The fact that a defendant pleads guilty does not mean that there is no room for the defense system to function.Through the analysis and discussion of the features of the plea leniency system and the defense system,it is clear that the active participation of defense lawyers in the defense of plea cases is not only a requirement of China’s legal provisions,but also an inevitable requirement for criminal prosecutors to pursue better litigation results.At the same time,it can well guarantee the voluntariness and truthfulness of criminal suspects and defendants who plead guilty and punishments,laying the foundation of legitimacy for the application of the plea leniency system and illustrating the necessity of criminal defense in plea cases;analyzed and argued for some problems of criminal defense in plea cases,and found the reasons behind the problems;illustrates the relevant experience available in the plea bargaining system through a comparative study,which provides a reference for the improvement of the quality of defense in plea cases in China;The problems of criminal defense in plea cases are targeted and the path of improvement is proposed.