Research On The Legal Protection Of The Defendant’s Right To Repent In The System Of Confession And Punishment

Tempering justice with leniency is the judicial tradition of our country,and leniency system of confession and punishment is the legal and institutionalized embodiment of this judicial tradition and criminal policy.For all criminal cases,the criminal suspects and defendants truthfully confess their crimes and voluntarily sign a written statement,which can not only obtain leniency in sentencing for themselves,but also improve the handling efficiency of judicial organs and save judicial resources,which is beneficial to both the prosecuted and the procuratorial organs.However,in the system of leniency in confession and punishment,the right of estoppel granted by law to the prosecuted is not only to protect human rights,safeguard judicial justice,but also to embody the basic principle of true voluntariness.At the same time,the abuse of estoppel in judicial practice runs counter to the original intention of leniency in confession and punishment.Therefore,it is of great theoretical and practical significance to discuss the right of estoppel in cases of leniency in confession and punishment.Based on the existing cases of the People’s Procuratorate in L District of Jiangxi Province,this paper introduces in detail three specific cases of the prosecuted’s remorse before prosecution,during trial and after judgment,and expounds the motives and reasons of the prosecuted’s remorse in the implementation of the system of pleading guilty and lenient punishment.Taking the cases of 736 prosecuted persons from September 1,2019 to August 31,2020 as data samples,this paper makes an empirical analysis of the implementation status of the leniency system of confession and punishment in L District Procuratorate.In addition,from the perspectives of procuratorial organs,prosecuted persons and duty lawyers,this paper attempts to analyze the specific reasons why the prosecuted people reneged during the implementation of the system,such as inadequate work of procuratorial organs(system notification,interpretation and reasoning,sentencing standards,etc.),insufficient awareness of the system,and limited role of duty lawyers(such as limited number and lack of incentives).On the one hand,it is necessary to ensure the legitimate exercise of the prosecuted’s right to repent,safeguard the legitimate rights enjoyed by the prosecuted according to law,and reflect judicial fairness;On the other hand,it is also necessary to unswervingly implement the system of pleading guilty and lenient punishment,so as to save judicial resources and improve judicial efficiency.Therefore,based on the above two principles,this paper constructs a guarantee mechanism for the exercise of the prosecuted’s right of estoppel from three aspects: guaranteeing the exercise of the prosecuted’s right of estoppel,reducing the rate of the prosecuted’s estoppel and regulating the exercise of the prosecuted’s right of estoppel,and puts forward relevant suggestions.