Research On The Protection Of The Defendant’s Right To Defense In The Case Of Confession Of Crime And Punishment

The leniency system for pleading guilty and accepting punishment is a significant step in the construction of China’s criminal procedure law system.This system is of great significance for judicial practice,and its application runs through all stages of criminal procedure judicial practice.In judicial practice,this system has to some extent solved the problem of excessive criminal cases and insufficient judicial resources in the allocation of judicial resources,and is conducive to achieving the goals of justice and efficiency pursued by the judiciary,playing an important role in resolving social conflicts.The emergence of the leniency system for confession and punishment essentially shifted the focus of the litigation stage from the trial stage to the review and prosecution stage.Therefore,whether the defendant’s right to defense can be fully protected,whether they can obtain substantial assistance from lawyers,and whether the prosecution and defense negotiations can be conducted equally during the review and prosecution stage will directly affect the specific effectiveness of the leniency system for confession and punishment.However,due to the short operation time of the system,corresponding problems have also emerged in judicial practice,mainly manifested in inadequate protection of the defendant’s defense rights,specifically manifested in difficulties in achieving substantive defense,and formalized assistance from duty lawyers.Therefore,this article takes the problems existing in judicialpractice as a reference to explore the normal operation of the system,which must be carried out with sufficient protection of the defendant’s right to defense.Therefore,the writing of this article is based on how to fully protect the defense rights of the accused in cases of confession and punishment.Due to the recent operation of the system,there are still areas that can be improved during its operation,and these areas that need improvement provide research significance and space for this article.This article is guided by judicial practice and conducts research on the operation of the courts,procuratorates,and duty lawyers in X County,G Province.It analyzes and studies relevant issues related to the defense rights of the accused and proposes solutions,in order to promote the protection of the defense rights and interests of the accused in cases of confession and punishment.This article consists of five parts:The first part: Introduction.This section mainly introduces the institutional background and research significance of the leniency system for confession and punishment,and summarizes the research status of the positioning of duty lawyers,effective defense issues,and the relationship between prosecution and defense negotiations.It also introduces the innovation and shortcomings of the article.The second part: Research on the basic situation.The system describes the purpose of the research,which is to understand the operation of the local system and the protection of defense rights through the organization and analysis of research data,and to analyze corresponding issues.Afterwards,the research methods used were introduced,and finally,the reasons for choosing the location for the research and the specific process of the research were introduced.The third part: Compilation of research data on the application of the leniency system for confession and punishment in X County.Firstly,there is an overall introduction to the basic situation of the application of the leniency system for confession and punishment in the region,such as the number of applicable cases,appeal rates,and procedural application.Secondly,the situation of lawyers’ assistance and participation in the region,as well as the basic operation of the on duty lawyer system,have been compiled into corresponding research data for corresponding analysis,Secondly,an analysis will be conducted on the defendant’s own cognitive situation,as well as their understanding of the right to defense and the assistance of lawyers.Statistical analysis will be conducted on the methods used by the procuratorial and judicial organs to review voluntariness.Finally,interview records on how the procuratorial organs ensure the exercise of defense rights by lawyers on duty will be organized and analyzed.The fourth part:Based on research data and on-site observation interviews,corresponding discussions will be conducted on the problems that exist in the implementation of the leniency system for confession and punishment in X County.The author mainly understood the operation of the system in X County by participating in case handling and conducting corresponding statistics on case data,as well as conducting targeted interviews with procuratorial staff.The shortcomings of the lenient system for confession and punishment in X County were identified: firstly,the procuratorial organs lacked voluntary protection for the accused in handling confession and punishment cases,and the construction of an equal consultation mechanism was insufficient;The second is the shortcomings of lawyer participation in cases of confession and punishment,including the limited role played by defense lawyers and the difficulty in realizing the substantive role of duty lawyers;The third is to address the problems in handling cases of confession and punishment,mainly reflected in the lack of standardized work coordination;The fourth is the lack of substantive review by the judicial organs during the review stage when safeguarding the defendant’s right to defense.The fifth part: Suggestions for improvement in the application of leniency system for confession and punishment in X County.Starting from the four main issues mentioned in the previous chapter,we can first improve the issue of the leniency system for pleading guilty and accepting punishment in safeguarding the defense rights of the accused during the prosecution process by ensuring their voluntariness and constructing an equal negotiation mechanism;Secondly,regarding the issue of lawyer participation,improvements can be made through the substantive role of defense lawyers,ensuring the effective role of duty lawyers,and safeguarding their litigation rights;Once again,the handling of cases of confession and punishment should be standardized;Finally,the improvement of judicial organs should start with strengthening substantive review.