On the sentencing defense in the summary procedure of confession penalty

Abstract：In 2018, the new Criminal Procedure Law was amended to establish a system of plea penalty, and there are two judicial review procedures for plea penalty agreements, one of which is summary procedure. However, due to the particularity of this kind of case, the characteristics of the summary procedure itself are weakened, the sentencing defense in the trial stage is neglected, and the problems existing in it are not fully discussed. Theoretically, whether the sentencing defense of penalty summary procedure has the rationality of existence and substance, whether the defendant can defend the sentence autonomously, and whether the value of fair trial requires the participation of the defender need to be analyzed and identified. As far as judicial practice is concerned, there is indeed a sentencing defense in the case of the application of the penalty summary procedure, and the sentencing defense can have an impact on the trial to a certain extent, but the defense is not sufficient in practice and lacks internal motivation. Therefore, it is necessary to study the sentencing defense in the summary procedure of guilty plea penalty, and put forward the corresponding measures for the existing judicial system.

Keyword：confession penalty;summary procedure;sentencing defense;sentencing plot;defense subject;