认罪认罚案件量刑建议“分类精准”模式之提倡

量刑建议权是公诉权的应有之义,对于认罪认罚案件而言,检察机关提出精准量刑建议是量刑协商的根本要求,不仅不会侵犯审判权而且有利于审判权更加合理地行使,为实现审判中心主义创造条件,具有正当性基础。精准量刑建议包括确定量刑建议和"最小化幅度"量刑建议,按照认罪认罚案件的不同类型,遵循比例原则和诉讼经济原则之间的制约与被制约关系,并根据量刑建议精准化程度与程序简化力度之间成正比、与案件重大程度成反比的关系,构建出"分类精准"模式,分为速裁程序及有期徒刑三年以下简易程序案件的确定量刑建议、有期徒刑三年以上五年以下简易程序案件的确定量刑建议为主"最小化幅度"量刑建议为辅等五种类型。检察机关分类测算精准量刑建议时,在量刑基准上应坚持责任优先主义,根据行为的不法与罪责确定责任刑,并采取"点的理论"确定起点刑和基准刑,把认罪认罚作为独立的预防刑情节予以考量。通过建立与"分类精准"相适应的量刑指南、量刑协商、量刑建议说理、量刑调整等机制,提高量刑建议精准化水准。

Advocacy of “Classified Accurate”Model of Sentencing Suggestions for Confession and Acceptance of Punishment Cases

Sentencing suggestion is the basic content of the power of public prosecution. For confession and acceptance of punishment cases, the procuratorate puts forward accurate sentencing suggestion,which is the fundamental requirement of sentencing negotiation,which will not damage the judicial power,and is conducive to the more reasonable exercise of the judicial power. To create conditions for the realization of the centralism of trial. Accurate sentencing suggestionsinclude definitive sentencing suggestion and minimum range sentencing suggestion. According to different types of cases, the restriction relationship between the principle of proportion and the economic principle of litigation should be followed, the degree of procedure simplification is directly proportional to the degree of accuracy of sentencing suggestions. The degree of accuracy of sentencing suggestions is inversely proportional to the magnitude of the case, resulting in a classified accurate sentencing model that provides suggestions for quick sentencing and summary sentencing in cases of up to three years in prison;For summary cases involving imprisonment of more than three years and less than five years,specific sentencing suggestions are given priority,with minimum sentencing suggestions supplemented,and so on. In terms of the benchmark of punishment,we should adhere to the principle of priority of responsibility,determine the responsibility penalty according to the wrongfulness and guilt of the behavior,and adopt the "point theory " to determine the starting penalty and the benchmark penalty, and then take the"confession and acceptance of punishment"as the case of independent impact on the prevention of punishment. In addition,thesystem of sentencing guidelines,sentencing consultation,sentencing reasoning and sentencing adjustment appropriate to the classified accurate sentencing scheme has been established to improve the accuracy of sentencing suggestions.