Member Lee Dae-jin: Give full play to the role of lawyers in guilty plea cases


Report from our correspondent (reporter Xie Wenying) member of the National Committee of the Chinese People’s Political Consultative Conference (CPPCC), li Dajin, director of tian Da Republican law firm, in a proposal about the application of guilty plea punishment leniency system, it is suggested that the procuratorial organ should play a positive role in the application of guilty plea punishment leniency system when handling cases to protect the litigation rights of the accused.It is an important reform plan made by the fourth Plenary Session of the 18th CPC Central Committee to establish and perfect the leniency system of guilty plea in criminal proceedings.Since the system has been fully implemented, the whole system runs smoothly and has obvious advantages.However, because the system is still in the initial stage, there are still some problems and difficulties in practice.Li Dajin frankly, the original intention of applying the guilty plea punishment leniency system is to encourage the accused to plead guilty on the basis of equal communication between the two sides, so as to effectively realize the diversion of complicated and simple cases, simple cases quickly handle, precision trial of suspicious cases.In judicial practice, however, due to the current law does not request the public security organ shall notify the lawyer when the case is transferred for examination before prosecution, the lawyer often in the case late, greater forfeit pleaded guilty at the examination and prosecution stage is not fully involved in the program, which can lead to people being prosecuted for applicable pleaded guilty to forfeit their concerns from the system, affect the system applies.Li Dajin suggested that starting from the internal requirements of the system and the explicit provisions of the law, establish the implementation rules of this system, where the conditions should be applicable;Establish a mechanism to fully listen to the opinions of lawyers, give full play to the positive role of lawyers in cooperating with the procuratorial organs in applying the leniency system of guilty plea, fully protect the litigation rights of the accused, and let the leniency system of guilty plea play a role in promoting efficiency, ensuring justice and improving quality in the handling of criminal cases.Source: Procuratorial Daily

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