Research on Sentencing Suggestion Adjustment Mechanism in the Cases of Pleading Guilty and Acceptance of Punishment
Through empirical research on sentencing suggestion adjustment mechanism,it has been found that the mechanism has practical characteristics such as being adjustable by both procuratorial organs and courts,and being adjusted by both procuratorial organs and courts based on changes in the circumstances of the case.Based on practical investigation results and legal provisions,there are problems in the operation of this mechanism,such as unclear adjustment authority of the procuratorial organs,unclear identification standards for"obvious misconduct",and incomplete negotiation mechanism between the accused and the procuratorial organs.In this regard,it is necessary to clarify that procuratorial organs can adjust sentencing recommendations on their own,with"the main focus being on changes in case facts and sentencing circumstances,supplemented by an adjustment range of more than 10％"as the standard for judging"obvious misconduct",and to improve the negotiation mechanism between the prosecution and defense during the adjustment process,in order to improve the leniency system for pleading guilty and accepting punishment.
pleading guilty and acceptance of punishmentadjustment of sentencing suggestionnegotiation between prosecution and defenseobvious misconduct
NETL
NSTL
万方数据
维普
