The Effectiveness of Sentencing Recommendations in Chinese-Style Plea Bargaining
- Author Wang Chao
- Co-Author Yuan Tian
- DOI https://ww
- Country : China
- Subject : Criminal Law
Keywords : the leniency system based on acknowledgment of guilt; acceptance of punishment; sentencing recommendations; lenient sentencing standards.
Abstract
Although the provisions of article 201 of China's Criminal Procedure Law ensure that sentencing recommendations made by the procuratorate have a substantial impact on the outcome of the trial, thus ensuring the smooth implementation of the leniency system based on acknowledgment of guilt and acceptance of punishment. However, there is neither a firm theoretical basis nor a necessity to stipulate the rigid effect of sentencing recommendations in the law. In order to avoid the procuratorate's right to make sentencing recommendations from infringing on the court's right to adjudicate, and at the same time to safeguard the fairness and justice of the case, the court should have the right to substantively review the sentencing recommendations, and at the stage of adjudication to examine whether the procedural rights of the accused are infringed upon, and whether the sentencing recommendations are reasonable. Where the court considers the sentencing recommendation to be manifestly inappropriate, it is authorized to make a direct decision. In addition, the Supreme People's Court and the Supreme People's Procuratorate should further jointly issue judicial interpretations stipulating the specific lenient sentencing ranges corresponding to the different circumstances of the accused's plea of guilty and admission of punishment, so that the sentencing recommendations made by the procuratorate can be basically in line with the court's final decision, and so that the expectations of the accused regarding the outcome of the lenient sentencing can be met. At the same time, the procuratorate should explain the law and reasoning to the person being prosecuted in connection with the sentencing recommendation.
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