A Study On The Effective Defense Of Lawyers In Cases Of Pleading Guilty And Punishments

The 2018 Amendment to the Criminal Procedure Law incorporated the leniency system for plea guilty and punishing into law.The leniency system of admitting guilt and accepting punishment was introduced into the law,which has had a profound impact on the mode and structure of criminal proceedings in our country,and made a major change in the traditional litigation concept and system based on confrontation.As one of the cornerstones of due process,the defense system is the yardstick for the modernization and legalization of criminal proceedings.In the leniency system for admitting guilt and accepting punishment,the defense system should not be weakened,but should be strengthened and improved,from formal defense to substantive defense,from "with the help of a lawyer" to "with the effective help of a lawyer".The defense concept and system built under the adversarial litigation mode,and the consensual litigation mode represented by guilty plea and punishment,should transform the defense concept,adjust the defense strategy,and tighten the defense points,so as to give full play to the effect of effective defense.The leniency system for admitting guilt and accepting punishment is a new system in my country’s criminal procedure law.How to ensure that criminal suspects and defendants obtain effective defense in cases of leniency in admitting guilt and accepting punishment is the key to ensuring the correct application of the leniency system for admitting guilt and accepting punishment.Under the influence of the long-term authority-based criminal procedure model,the investigation centralism has not been completely reversed,the principle of equality between the prosecution and the defense has not been established,and the weak situation of the defense continues to exist.How to realize the voluntariness and legitimacy of admitting guilt and accepting punishment in this litigation situation? How to ensure the equality of sentencing consultation? How to ensure the standardization and legitimacy of sentencing? Solving these problems is inseparable from the realization of the lawyer’s effective defense in the leniency system of admitting guilt and accepting punishment.To this end,it is urgent to establish a new concept of lawyer defense in plea cases,study the new characteristics of lawyer defense in plea cases,build new standards for lawyer defense in plea cases,and send a deadline for the realization of lawyers’ effective defense in plea cases.This article mainly consists of four parts: The first part is an overview of the lawyer’s effective defense in plead guilty and punished cases.Compared with cases of not guilty and not guilty,plead guilty and accepted punishment cases have their own characteristics,such as: admitting the facts of the alleged crime and being willing to accept punishment,emphasizing the voluntary nature of the accused’s admission of guilt and accepting punishment,ensuring effective legal help from lawyers,etc.In a plea case,the accused has no objection to the conviction and sentencing of the case,which makes the defense of the lawyer different from the case of not guilty.Effectively participate in the sentencing consultation process to ensure that the accused is not detained unnecessarily.The second part,the basic theory of effective defense.From the basic connotation of effective defense,the evaluation standard of effective defense and the relief mechanism of invalid defense,etc.The third part is about the problems of lawyers’ effective defense in plead guilty and punishment cases.The existing problems are mainly that duty lawyers are unable to play an effective role in helping,lawyers’ defense is a mere formality,lack of standards for lawyers’ effective defense,and lack of effective lawyer evaluation and punishment mechanisms.In the fourth part,the suggestions for improving the lawyer’s effective defense in the case of admitting guilt and accepting punishment.It can be improved by giving duty lawyers the status of defenders,strengthening the defense duties of lawyers in plea cases,establishing effective defense standards for lawyers in plea cases,and establishing effective lawyer evaluation and punishment mechanisms.