Procuratorial Ethics in the Lenient System of Confession and Punishment

Abstract

The procuratorial organ is the leading organ of the system of leniency on admission of guilt and acceptance of punishment. It is responsible for many important functions such as supervision, consultation, procedure advancement and sentencing suggestion. Its influence can radiate the criminal procedure from beginning to end. Whether the system of confession and punishment can be well implemented requires not only external institutional norms, but also the internal driving force and binding force of procuratorial ethics. From the perspective of the main structure of criminal proceedings, this paper demonstrates in detail the leading role of procuratorial ethics in the case of confession and punishment, and clarifies the due state of procuratorial ethics in the case of confession and punishment from the three dimensions of normative level, conceptual level and technical level, and summarizes the actual state of the lack of procuratorial ethics in the specific case handling process. Finally, from the three levels of value orientation, fact finding and penalty discretion, the construction path of procuratorial ethics norms of the leniency system of confession and punishment in China is gradually introduced to promote the improvement of the leniency system of confession and punishment.