A Study On The Voluntary Guarantee Of The Accused’s Confession And Punishment

The accused party’s voluntary acceptance of the crime and punishment is the premise of the legitimacy of the operation of the system.Ensuring that the defendant confesses and punishes himself is also a requirement for the system to realize the value of justice.The voluntariness of confession and punishment is usually recognized from the two levels of confession and punishment.The objective judgment standard of confession and punishment mainly depends on the legal facts constructed by the evidence,which is the accused’s effective response and recognition to the criminal facts accused by the prosecution and the sentencing suggestions put forward.The subjective judgment standard is measured from two angles: the right notification of the litigation organ and the voluntary restitution of the defendant.Since a pilot program of a generous system for admitting guilt and accepting punishment was incorporated into the Code of Criminal Procedure,It has been continuously improved and developed,but there are also many issues,for example,the respondent’s right to know is restricted,insufficient legal help provided by duty lawyers,formalization problems in the court’s review of the accused’s voluntary confession,difficulties in exercising the respondent’s right of withdrawal.To properly solve these problems,this paper makes use of the mature experience of foreign countries.On the one hand,it examines the construction of voluntary guarantees for similar plea procedures in Germany,the United States,and Italy.Focused on learning the German plea bargaining procedure,US Plea Bargaining System,Italy applies penal procedures at the request of the client.This treatise also summarizes the experience of foreign references,for example,substantive voluntary review;Duty lawyers provide effective assistance;Protection of the accused’s right to know.On the other hand,exploring important enlightenment of these extraterritoriality systems to our country,to improve the procedure of confession and punishment in our country.Defendants’ voluntary protection is in place in the light of the current judicial status of my country.The first is to strengthen the protection of the defendant’s rights from the system;Defendants are relatively weak parties in the system and should be given the right to know and the right to avoid,in this way,can coordinate the bargaining power of the prosecution and the defense.Second,Strengthen the effective participation of attorneys,empower them to provide legal assistance,and improve their ability to negotiate sentencing with prosecutors,Emphasize the role of on-duty attorneys in assisting defendants in leniency procedures.Finally,the relationship between the law and the prosecution needs to be actively coordinated and the courts need to decipher the generally listened decision recommendations.Adhere to "trial-centered" and build a benign cooperation mechanism between courts and prosecutors,strengthen the effectiveness of voluntary court examinations for justice.