论认罪认罚从宽程序中的律师辩护

On the Lawyer’s Defense in the Lenient Procedure of Guilty Plea

摘要: 认罪认罚从宽程序被实行以来，难以避免地造成被追诉人的诉讼权利遭受减损的后果。辩护律师作为维护被追诉人合法权益的捍卫者，需要积极参与到该程序中去。但是在此过程中，律师在提供辩护时还存在诸多问题。这些问题的存在实质上阻碍了该程序的顺利推进。为了解决实践中的困境，需要从保障律师权利、增强律师责任意识、建立相应救济机制等方面对该程序进行完善，以最终达到惩罚犯罪、保障人权与追求效率之间的平衡。

Abstract: Since the leniency procedure of guilty plea has been carried out, it inevitably leads to the loss of the litigation rights of the accused. As the defender of the legal rights and interests of the accused, defense lawyers need to actively participate in the procedure. But in this process, there are still many problems when the lawyer provides the defense. The existence of these problems essentially hinders the smooth progress of the program. In order to solve the difficulties in practice, it is necessary to perfect the procedure from the aspects of protecting the rights of lawyers, enhancing the sense of responsibility of lawyers, and establishing the corresponding relief mechanism, so as to achieve the balance between punishing crimes, protecting human rights and pursuing efficiency.