Establishment of an Appellate Review System for Cases Where Defendants Plead Guilty and Accept Punishment
Since the system of granting leniency for defendants who plead guilty and accept punishment was added to 2018 Criminal Procedure Law,two types of appeal filed by such defendants have gradually emerged in practice.These defendants,exploiting benefits of the principle that the original trial court shall not aggravate the criminal punishment on defendants who file an appeal after pleading guilty,either speculatively hoping their punishments may be mitigated by the court of second instance or seeking to serve their sentence in a jail instead of a prison.All of these"abuses"of the right to appeal will result in appeals by procuratorates,inconsistencies in sentencing by courts,and ultimately reduce the efficiency of criminal proceedings,waste judicial resources,and have a significant adverse impact on protecting the rights of defendants who have pleaded guilty and accepted punishment.Nevertheless,given that the right to appeal is a basic legal right for such defendants,it shall be guaranteed.It is imperative that we establish a system for reviewing and approving appeals filed by defendants who have pleaded guilty and accepted punishment.This system will serve to prevent these appeals from causing further adverse effects,akin to a domino effect,and will enhance the efficiency of litigation,save judicial resources,as well as promote the development of the system of granting leniency for defendants who plead guilty and accept punishment.
plead guilty and accept punishmentright to appealappellate review
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