认罪认罚从宽的内涵及表现研究

Connotations and implementation of lenient punishments on those confessing their crimes and accepting punishments in criminal cases

适用认罪认罚从宽首先是政策,然后才是制度,其适用范围涉及侦查、审查起诉、审判乃至行刑等各个刑事诉讼阶段。认罪认罚本质上是表达道歉的过程,其内涵符合道歉理论的意指。认罪包括犯罪嫌疑人、被告人承认且详尽地陈述实施违反刑法规范行为的过程,对违反刑法规范行为及其造成的结果予以解释和赔偿,并承诺不再犯罪。认罚包括行为人接受和认可认罪带来的后果及对被害人及其家属的补偿两个方面。从宽包括适用较轻的刑事强制措施、适用从简的诉讼程序、从程序上提前终结诉讼及实体上从宽处理。

Imposing lenient punishments on those confessing their crimes and accepting punishments in criminal cases can be treated first as a criminal policy,and then as a system which is applicable to all criminal procedures,including investigation,examination and prosecution,trial and execution. The process of confessing their crimes and accepting punishments is the process of expressing apology,which reveals the connotations of confessing crimes and accepting punishments in the theory of apology. Confessing their crimes include the following： they should make a confession of their crimes,state clearly the process of their violations,and promise not to commit any crime again. Accepting punishment include their acceptance of the bad results of the crime and give compensations for the victims and their families. The lenient punishments include lighter criminal compulsory measures,simplified procedures of investigation,prosecution and judgment,the end of the legal procedure in advance or a more lenient sentence.