Necessary Suppression of Appeals without Justification in Confession of Guilt and Leniency of Punishment Cases
In general,effective exercise of the defendant's right of appeal in criminal proceedings is essential for the remedy and correction function of the criminal second-instance procedure,ensuring the realization of substantive and procedural justice.However,in certain cases of leniency for confession and punishment,there have been instances where defendants who"voluntarily"pleaded guilty and then filed an appeal after receiving a lenient sentence in the first-instance court,despite the originally cooperative"atmosphere"of the trial.This not only undermines the full implementation of the leniency system for confession and punishment,but also damages the integrity value it represents.Although the prosecutorial authority's"retaliatory appeal"has a certain deterrent effect on appeals without justification in cases involving leniency for confession and punishment,it is evident that this"retaliatory appeal"is flawed in terms of legal justification and should not be considered a long-term solution to deter appeals without justification.Based on the requirement of integrity value in the application of the leniency system for confession and punishment,as well as the necessity to protect the right of appeal,it is a feasible option to introduce an appellate review procedure in cases involving leniency for confession and punishment,in order to achieve the necessary suppression of appeals without justification.
leniency systeem for confession and punishmentappeals without justification"retaliatory appeal"review of appeal grounds