单位犯罪的自首制度考略

On the System of a Unit's Confessing

我国现行刑法明确了单位犯罪的主体地位,但对单位犯罪能否适用自首却没有明确规定,以致在理论界及司法实务界引发争论。基于对刑法基础理论、刑法相关条文及当前单位犯罪现状的分析,应当认定单位可以成立自首。单位自首可在一定程度上影响个人自首。

The current criminal law of China has stipulated that a unit can commit a crime, but it doesn＇t tell that whether a unit can confess its offense, which arouses a controversy both in the academic circle and in the judicial practice. articles of law, and taking the great number that the system of unit confession should be After closely analyzing criminal theories and the relevant of unit crimes into consideration, we can safely conclude introduced .The unit confession can, to some extent, affect the individual confession.