Two Special Pleas in the Guilty Plea System and their Risks Response
There are two kinds of special plea in our practice:the first one is the"wall-riding plea",which refers to the suspect pleads guilty while the defendant make a plea of not guilty;the second one is the"speculative plea",which refers to the prosecutor's regret with the suspect wanting to resume the guilty plea agreement.The current legislation lacks effective norms to deal with these two forms of plea.The special pleas involve a violation of the principle of favoring the defendant in case of doubt and the rule of voluntariness,based on which the risks are that the case may not commit a crime on the substance;the prosecutor's office will dominate the process in the form of hearing opinions;the dilemma is the lack of remedial procedural safeguards for the person being prosecuted;and the consequence is a reduction in judicial efficiency.Therefore,to effectively deal with the potential risks of the special pleas,the application should require the judge to carry out a formal review;the specific rules should adhere to the judge's dominant procedural power and the implementation of substantive realism;the remedy should be guaranteed by the requirement to re-constitute a panel of judges and to exclude statements made as a result of a guilty plea;and prevention should be achieved through the improvement of the duty counsel system in order to ensure that equal consultation between the prosecution and the defense is carried out.
guilty plea systemthe principle of favoring the defendant in case of doubtvoluntarinesswall-riding pleaspeculative plea
万方数据
维普
