Research On The Application Of The Leniency System Of Confession And Punishment In The Investigation Stage

As the investigation link that consumes the most criminal resources,the application of guilty plea and punishment leniency system has a lot of benefits,such as beneficial to fight crime in time,discover the truth of the case,save litigation resources and resolve social contradictions and so on.However,due to the limitations and constraints of the current legal framework and system,many problems have been exposed in practice in the application of leniency system of guilty plea in Y district investigation stage.In order to ensure justice and improve efficiency,it is necessary to conduct empirical investigation and analysis on the details of the application of guilty plea and punishment leniency system in Y district investigation stage,so as to find out the sticking points and aim at the target,so as to prevent the occurrence of false confessions and unjust,false and wrong cases,and further develop the enthusiasm of the investigation organ to apply guilty plea and punishment leniency system.At present,there are five main challenges in applying the leniency system of guilty plea in the investigation stage of Y district.First,the leniency system of guilty plea in the investigation stage is undiversified.The obligation to inform is the basic value concept of criminal law and justice,and also the basic guarantee of the litigation rights and interests of criminal suspects.However,in the practice of investigation in Y area,information is too simple to guarantee the requirements of effective information,so that the suspects can reach the standard of wisdom,that is,the standard of knowing and rationality.Second,there are obstacles in the application of non-custody coercive measures after the criminal suspect confesses punishment.Criminal suspects confessed after forfeit,social risk is reduced,conforms to the condition of custody shall apply coercive measures,which is both guarantee the need of the personal rights and interests of criminal suspects,is also motivate conviction forfeit their investigation phase selection,but due to the traditional case judicial idea of the investigation organ and public misunderstanding of the custody compulsory measure public opinion environment,It is difficult for the criminal suspect to obtain timely leniency criminal compulsory measures after admitting guilt.Third,the effective help of the lawyer on duty is insufficient.The effective help of the lawyer on duty plays an important helping and supervising role in preventing the criminal suspect from making false confession against his true will.At the present stage,the effective help of the on-duty lawyer in Y district becomes a mere formality,and the investigation organ fails to take the initiative to guarantee and guide the on-duty lawyer to play a substantial and effective role of legal help.Fourthly,there is controversy about the recognition of guilty plea.Accurate recognition of guilty plea plays a decisive role in determining whether a criminal suspect meets the conditions for leniency.In the judicial practice of Y District,the guidance is too broad to directly apply and solve new challenges,which is not conducive to giving full play to the enthusiasm of investigation organs in applying the guilty plea plea system for leniency and safeguarding the litigation rights of criminal suspects.Fifth,The linking mechanism between the investigative agency and the public prosecution agency is not smooth.The efficient and accurate application of the leniency system for admitting guilt and accepting punishment is inseparable from the close cooperation of investigative agencies,public prosecution agencies,and judicial agencies.The efficient implementation of the leniency system for pleading guilty and accepting punishment also requires communication between the investigation and prosecution agencies.However,in zone Y,the functional positioning of investigation and prosecution organs is complex and lack of mutual trust,thus failing to establish a linkage mechanism that facilitates communication and coordination,strengthens supervision and prevents false confession and punishment.To improve the specific path of applying the leniency system of guilty plea and punishment in District y in the investigation stage,we should explain the notice of guilty plea and punishment in detail and do a good job in guilty plea education.Establish a linkage mechanism between confession and punishment and obtaining bail pending trial,reduce the pre-trial detention of confession and punishment,and establish a connection mechanism between the investigation organ and the lawyer on duty to ensure the effective participation of the lawyer on duty.Refine the rules of guilty plea and punishment in the investigation stage,form a stepped lenient sentencing mechanism,strengthen the connection between investigation and prosecution,and prevent the occurrence of unjust,false and wrong cases,so that the application of the guilty plea and punishment system in the investigation stage can truly realize the unity of justice and efficiency.