Author(s)

Wang Kai

Corresponding Author

Wang Kai

Abstract

The establishment of the leniency system for admitting guilt and accepting punishment is in favor of expanding the application of relative non-prosecution, but the application rate in practice is low. Traditional reasons for this problem include vague application standard, complicated procedure and unreasonable assessment index. It is also due to “prosecution-oriented” of the leniency system, the unclear impact of admitting guilt, as well as institutional risks. To promote the application of relative non-prosecution in cases related to admitting guilt and accepting punishment, it is necessary to clarify the application standard and improve the procedures of notification, negotiation as well as signing recognizance. The victim should effectively participate in the process of deciding not to prosecute. In addition, the people’s procuratorate shall be prohibited from initiating a public prosecution even though the suspect reneges on the admission of guilt after non-prosecution.

Keywords

The leniency system for admitting guilt and accepting punishment, Relative non-prosecution, Recognizance to admit guilt and accept punishment, Reneging after non-prosecution