On The Voluntariness Of Recognition Of Crime And Punishment Of The Accused

The voluntary confession of the accused is the basic condition of the leniency of recognizing crime and accepting punishment.The respect for the voluntary nature of confession and punishment of the accused not only reflects the protection of the freedom of will of the accused,highlights the judicial civilization,but also highlights the value demands of the leniency of confession and punishment system to protect human rights,due process and judicial efficiency.Whether the accused is voluntary in the case of pleading guilty to punishment needs to be judged by the substantive standards such as the accuser’s knowledge and wisdom of pleading guilty to punishment and its consequences,and also needs to be guaranteed by certain procedural system,including not forcing the accused to prove his crime,informing the litigation rights and the consequences of pleading guilty to punishment,judicial review of the accuser’s voluntary nature and protection of the accused,these procedural systems are also the standards to test the voluntary nature of confession and punishment.Through the study of the relevant systems of the United States,Germany,Russia and other countries on the recognizing crime and accepting punishment of the accused,it is not difficult to find that the common characteristics of the system are as follows: first,the defendant’s confession needs the professional help of lawyers;second,whether the defendant’s confession is voluntary needs judicial review;third,evidence opening is needed in the process of the defendant’s confession;the fourth is to establish the mechanism of confession and punishment.Although the system of leniency of recognizing crime and accepting punishment of the accused in our country’s legislation and judicature has relevant provisions,there are some deficiencies,including: the provisions of the right to know the confession and punishment of the accused are not complete;the lawyers,especially the duty lawyers,have limited help;the voluntary judicial review process is not perfect;the design of the system of evidence disclosure is lacking in the confession and punishment process,and the is regretting procedure of confession and punishment of the accused is not perfect.Therefore,it is necessary to improve the following aspects: first,improving the guarantee of the public security judicial organ’s right to know the confession and punishment of the accused;second,strengthening the lawyer’s help of the accused;third,improving the voluntary judicial review of the accuser’s confession and punishment,on the basis of improving the judicial review mechanism of the court,the protectorate voluntary examination of the accuser’s plea of guilt and punishment at the stage of investigation should be strengthened;the fourth is to establish the evidence disclosure system of confession and punishment;the fifth is to improve the procedure of regretting procedure of the accused,including the limitation of the reasons for regretting,the procedure conversion after regretting and the evidence acceptance.