认罪认罚从宽案件中被追诉人反悔制约机制研究

A Study on the Restriction Mechanism of the Accused’s Repenting in the Case of Confession and Punishment with Leniency

认罪认罚从宽制度中被追诉人享有反悔权是制度内在组成部分,是程序主体诉权的体现。基于程序公正、诉讼效率、司法资源等多重因素影响,对反悔行为合理规制亦为制度组成部分。正当理由是否为反悔必备事由应分阶段区别对待,非认罪认罚案件中被追诉人享有无条件上诉权,因此在认罪认罚案件中不应以无正当理由禁止上诉,裁判生效后反悔时正当理由应为必备事由。附以不利评价是被追诉人行使处分权应承担的后果,为当事人及社会公众所接受。制度设计应与整个诉讼体系相兼容,符合宪法和刑事诉讼法基本原则,在人权保障与打击犯罪间形成合理均衡。

In the system of leniency of confession,the defendants right of repenting is an internal part of the system and the embodiment of the procedural subject's right of appeal.Based on the influence of procedural justice,litigation efficiency,judicial resources and other factors,reasonable regulation of the act of repenting is also a part of the system.In the case of nonadmission of guilt or punishment,the accused enjoys the right of unconditional appeal.Therefore,in the case of admission of guilt or punishment,the appeal should not be prohibited without justifiable reasons.In the case of admission of guilt or punishment,the justifiable reasons should be the necessary reasons when the judgment becomes effective.The adverse evaluation is the consequence that the accused should bear when exercising the right of punishment,which is accepted by the parties and the public.The system design should be compatible with the whole litigation system,conforming to the constitution and the basic principles of criminal procedure law,and forming a reasonable balance between human rights protection and crime fighting.