“双规”期间自首的认定——自首从宽的立法本质探究

On the Standards of Surrendering during the Cognizance of the BNRS from the Legislation Essence of being Lenient with Confessing

犯罪人主动将自己交付国家追诉,从而使犯罪得以及时侦破和审判,达到节约司法资源的效果是自首从宽的本质。对于在纪检监察部门"双规"期间如实供述罪行的能否认定为自首的问题,既不能一律都视为自首,也不能一律否定为自首,应当从自首从宽的立法本质出发,结合我国宽严相济的刑事政策,全面、合理地理解、适用,真正实现自首制度设立的价值和意义。

Offenders actively delivery himself to the prosecution of the institutions in the country,thus making the criminal prosecution may be timely detected and judged,achieving the goals that save judicial resources effect.It is the essence of confessing one＇s crimes and being lenient.Whether the disciplinary inspection and supervision department ＂NRS＂ during truthfully statement of crimes can be identified as surrender problem are deemed neither surrenders nor negative surrenders.We should completely and rationally understand and apply,even really realize surrendering systems establishment significance and meaning from the legislation essence of the surrendering and being lenient,combining with the criminal policy of tempering justice with mercy.