A Study On The Influence Of Sentencing Suggestions On The Judge’s Restriction In Cases Of Confessing Crime And Admitting Punishment

The sentencing suggestion put forward by the prosecutor in the case of confession of guilt and punishment is a result of the agreement between the prosecutor and the suspect,the defender or the lawyer on duty on the facts,charges and sentence of the crime.The main value of the confession and punishment system is to achieve the separation of complexity and simplicity in cases,improve case handling efficiency,and simplify some procedures while considering fairness.The key to realizing the value of the confession and punishment system lies in whether the judge accepts the agreement between the prosecution and the defense during the confession and punishment process,and adopts the sentencing suggestions of the prosecutor.In practice,there are various reasons why judges refuse to adopt sentencing suggestions,believing that the sentencing suggestions are clearly inappropriate,or because the defendant or defender raises objections to the sentencing suggestions,thus issuing adjustment sentencing suggestions to the procuratorate.The judge’s issuance of a recommendation document for adjusting sentencing is essentially a failure to adopt the original sentencing recommendation proposed by the procuratorate.The main reasons for this phenomenon are: the imperfect legal norms leading to the adjustment of sentencing recommendations;The disagreement between judges and prosecutors on the determination of sentencing circumstances has led to the adjustment of sentencing recommendations;The use of defense strategies by defendants and defenders resulted in adjustments to sentencing recommendations.To reduce the adjustment rate of sentencing recommendations by judges in cases of confession and punishment,and improve litigation efficiency,it is necessary to start from the following aspects: improving the relevant legal norms of leniency in confession and punishment;Improve the sentencing system for prosecutors and judges in cases of confession and punishment;Improve the defense rules for lawyers in cases of confession and punishment.