解释论视角下的认罪认罚被追诉人反悔权

The Right of Rescission by the Accused for Pleading Guilty to Forfeit from the Perspective of Interpretation

在认罪认罚从宽程序中,被追诉人享有反悔权既是保障其认罪认罚自愿性的必须也是防范冤假错案的必要。新修订的《刑诉法》虽未明文规定,但通过对其第201条的解释可明确被追诉人享有反悔权。反悔权专属于被追诉人,其应在法院判决前行使该权。被追诉人行使反悔权无形式要求,但对认罪的反悔应提出否认指控的犯罪事实这一理由。《刑诉法》对行使反悔权区分了两种情况,即对认罪的反悔和对认罚的反悔。两者具有不同的法律后果。

In the process of leniency for pleading guilty to forfeit, the right of rescission from the accused is necessary not only for ensuring the voluntariness of pleading guilty to forfeit but also preventing the cases in which people are unjustly charged. Although it is not explicitly stipulated in the newly revised criminal procedure law , the right of rescission can be owned by the accused according to the criminal procedure law. The right of rescission is exclusive for the accused who can exercise his power before the court judgement. There is nor requirement of the form for the accused to exercise his power of rescission, but the accused has to give the reasons for denying the criminal facts. The right of rescission can be divided into two types for the criminal procedure law, that is, the rescission for pleading guilt and forfeit, which lead to different legal consequences.