犯罪不斷增加，司法資源有限，為了迅速終結刑事案件，減少法院負荷。刑事訴訟法設有「認罪協商」制度（包括：偵查中之認罪協商及審判中之認罪）。
一般俗稱之「偵查中認罪協商」，係指：偵查中之案件經被告自白，並向檢察官表示願受「科刑」或「緩刑宣告」，而經檢查官同意並記筆錄後，由檢察官向法院求刑或為緩刑宣告請求•經法院以簡易判決處刑者而言。
由於「簡易判決」未進行通常審判程序，故其所科之刑，僅以得「宣告緩刑」、「易科罰金」或「易服社會勞動或罰金者」為限。（詳見《刑事訴訟法》第449條規定）。
實務上，檢察官向法院求刑或為緩刑宣告請求前，亦得徵求被害人之意見，命被告為向被害人道歉或支付賠償金。人難免犯錯，如犯鰇罪而得以間易判決處時，透過認罪協商制度，不僅可以節省不必要之調查，且多有利於有心悔改犯做嫌疑人。
As crime rates continue to rise and judicial resources are limited, the law aims to quickly resolve criminal cases and reduce the burden of the courts. To achieve this, Taiwan' s Code of Criminal Procedure has established a system of "plea bargaining," which allows agreements during both the investigation stage and the trial stage.•
The term "Plea bargaining during investigation,"
as commonly known, refers to this
situation: During the investigation stage, if a defendant admits to the crime and agrees to accept a punishment or a suspended sentence, and the prosecutor agrees and records this in writing, the prosecutor agrees and records this in writing, the prosecutor can then request the court to impose the agreed punishment or grant a suspended sentence. The court will handle the case with a simplified judgement based on this agreement.
Because a "summary judgement" does not go through a full trial, the punishment it imposes is limited. It can only involve sentences that allow for a suspended sentence, a fine, or conversion into community service or payment of a fine instead of serving time.
(For more details, see Article 449 of the Code of Criminal procedure.)
In practice, before the prosecutor asks the court to impose a sentence or grant a suspended sentence, they may also seek the victims' opinion. The prosecutor can require the defendant to apologize to the victim or pay compensation. Everyone can make mistakes. If someone commits a minor crime that qualifies for a summary judgement, using the plea bargaining system not only saves unnecessary investigation efforts but also provides a second chance for suspects who sincerely with to repent and start anew.
June 1, 2025