The Prevention Of Wrongful Convictions Under The Leniency System Of Admitting Guilt And Accepting Punishment

The occurrence of criminal wrongful convictions will allow the real murderers to go unpunished,the innocent and their victims will suffer greatly,consume the country’s judicial resources,and erode the foundation of the country’s judicial justice.If there are some criminal wrongful convictions in the process of applying the leniency system of admitting guilt and accepting punishment,it will certainly affect the steady development of the system.When the system fails to develop steadily,the tension between the limited judicial resources and the increasing number of cases will be further increased,and the pressure of case handling personnel will gradually increase,thus causing some negative social effects.In the practice of criminal justice in China,the application rate of leniency system of guilty plea is increasing,and the potential risk of criminal injustice is also increasing.Through a series of studies,it is found that there is the possibility of criminal injustice in this system.The types of criminal wrongful convictions include voluntary criminal wrongful convictions and submissive criminal wrongful convictions.The possible formation process of criminal wrongful convictions under the leniency system includes that investigative agencies often mistakenly identify innocent people as criminals based on one-sided information,and then based on this misunderstanding,they only focus on collecting evidence of the accused person’s guilt,and no longer consider innocence,guilt,and crime.It does not take into account any other possibilities,such as whether the affidavit of guilt and punishment is untrue,illegal,or the defendant’s admission of guilt and punishment is not based on voluntariness.The reasons for these types of criminal wrongful convictions include:the limitations of the duty lawyer system,the public security and judicial organs violated the voluntary nature of the accused’s admission of guilt and punishment,insufficient voluntary scrutiny for defendants to plead guilty and accept punishment,the mere formality of court trials,and low standard of proof in criminal cases.In order to effectively prevent the occurrence of criminal wrongful convictions,we should build a preventive mechanism for criminal wrongful convictions under the leniency system from the following aspects.First,improve the duty lawyer system.Second,strengthen the voluntary guarantee of guilty plea for the accused,clarify the absolutely unacceptable threat and inducement factors,and reduce the possibility of false confession.Third,insist on promoting the substantive reform of court trials and adhere to the legal proof standard.Only in this way can my country’s leniency system be rooted in Chinese soil and can be stable and far-reaching.