The Plight and Improvement of Duty Counsel in the Plea Leniency System

Abstract

The effective participation of duty counsel in the Plea Leniency System is crucial for safeguarding the legitimate rights of the accused and upholding judicial fairness. Since the revision of the Criminal Procedure Law in 2018, this mechanism has become an integral part of plea bargaining proceedings. However, multiple practical challenges persist. This paper argues that the core issue lies in the ambiguous role of duty counsel, who are not explicitly granted the status of defense counsel, resulting in a weak foundation for their procedural rights. Furthermore, inadequate protection of the right to access case files and the right to meet with clients in practice often reduces legal assistance to a mere formality. Additionally, a rigid subsidy mechanism fails to incentivize lawyers to deliver high-quality services. To address these shortcomings, this paper advocates for clarifying the defense counsel status of duty lawyers, systematically establishing pathways to secure their core rights, and implementing a flexible incentive system linked to workload and service quality. Such measures would enhance the effectiveness of their participation, strengthen institutional credibility, and ensure the system functions as intended.