重罪案件適用認罪認罰從寬程式問題研究

認罪認罰從寬制度適用範圍呈擴展趨勢，重罪案件所占比例逐步提升。然而，認罪認罰從寬制度的程式設計具有同質化的特徵，未能有效識別重罪案件適用的特殊性。重罪與輕罪案件適用認罪認罰從寬程式的價值取向應有所區別，前者著眼於落實寬嚴相濟的刑事政策，鼓勵引導被追訴人自願如實供述等，但其節約司法資源、提升訴訟效率的價值受限。在律師參與、證據制度、量刑建議和庭審程式等方面，重罪案件認罪認罰從寬程式應呈現一定的獨特性或有其側重關注點，具體內容上應趨向於人權保障和錯案風險防範。當前，重罪案件認罪認罰從寬制度適用範圍擴大與制度供給明顯不足之間的矛盾日益凸顯，這也意味著需要在案件類型化基礎上對認罪認罰從寬程式進行改革。

The application scope of the leniency system for pleading guilty and accepting punishment is expanding, which is reflected in the gradual increase in the proportion of felony cases. However, the procedural design of the leniency system for admitting guilt and accepting punishment has the characteristics of homogeneity, resulting in the failure to effectively identify the particularity of pleading guilty and accepting punishment with leniency felony cases. The value orientation of the leniency procedure for admitting guilt and accepting punishment in felony and misdemeanor cases should be distinguished. The leniency procedure for admitting guilt and accepting punishment in felony cases focuses on implementing the criminal policy of temper justice with mercy, encouraging and guiding the accused to confess voluntarily and truthfully etc. However, the value in saving judicial resources and improving litigation efficiency is limited. In terms of lawyer participation, evidence system, sentencing recommendations and trial procedures, the leniency system for admitting guilt and accepting punishment in felony cases should present a certain uniqueness, or say has its own focus, and the specific content should tend to protect human rights and prevent wrong cases. At present, the contradiction between the expansion of pleading guilty and accepting punishment with leniency application scope and obvious insufficiency on system supply is increasingly prominent, which means it is necessary to reform the leniency procedure for admitting guilt and accepting punishment on the basis of case classification.