浅析认罪认罚从宽制度中具结书的法律定位

A Brief Analysis on Legal Orientation of the Guilty Plea Declaration in the Lenient Punishment System of Guilty Admission and Punishment Acceptance

在认罪认罚程序中,具结书的涵义已经超出了具罪悔过保证文书的范围。它不仅是作为自认所指控犯罪事实及行为的要式法律文书,更具备相应的证据意义和程序地位。但其具体证据地位和程序法地位由于未有法条明文规定,故为了区别于传统“甘结”、“具结悔过”和域外辩诉协议等近字近形概念的法律性质,文章通过分析具结书的内部文书结构,厘清文书形成过程中的参与主体、适用程序、证据意义及实务操作中表露出的问题,最终明晰具结书的证据法和程序法意义,确定其在认罪认罚从宽程序中的法律定位及发展进路。

In the procedure of guilty admission and punishment acceptance, the meaning of guilty plea declaration has gone beyond the scope of the guarantee document of guilt and repentance. It is not only a key legal document to admit the alleged criminal facts and acts, but also has the corresponding evidentiary significance and procedural status. But its concrete evidence status and procedural law status are not explicitly stipulated in the law. To distinguish from the legal nature of the traditional "pledged undertaking","repentance" and foreign plea bargaining agreement, this paper analyzes the internal document structure with the guilty plea declaration, clarifies the involved subject, the applicable procedure, the evidentiary significance and the problems expressed in the practical operation in the process of the formation of the document, and eventually clarifies the problems expressed in the practical operation. With the significance of evidence law and procedural law of the guilty plea declaration, the legal orientation and development path in the procedure of lenient admission of guilt and punishment are determined.