论认罪认罚从宽制度中被追诉人反悔问题

On the issue of the repentance of the accused in the system of leniency of guilty plea

在认罪认罚从宽制度下,被追诉人有权进行反悔,撤回之前的有罪供述和已经签署的认罪认罚具结书。在具体案件中,被追诉人有权对先前供述反悔,这体现了对认罪认罚自愿性的保障,具有正当性依据,其重要性不言而喻。与此同时,为了保障司法资源不被浪费且不侵害被害人的利益等,应当建立合理的约束机制防止被追诉人滥用反悔权。总而言之,为了推动我国的认罪认罚从宽制度健康发展,努力建立和健全被追诉人的认罪认罚反悔机制是不可或缺的一步。

Under the system of leniency of guilty plea,the accused has the right to withdraw their previ-ous guilty confession and retract the signed confession and punishment statement.In specific cases,the ac-cused has the right to restate the previous confession,which reflects the guarantee of the voluntary of lenien-cy of guilty plea,which has legitimacy and its importance is self-evident.At the same time,in order to en-sure the judicial resources are not wasted and not harming the interests of victims,a reasonable constraint mechanism should be established to prevent the accused from abusing the right of rescission.All in all,in or-der to promote the healthy development of the system of leniency of guilty plea in China,it is an indispens-able step to establish and improve the mechanism of leniency of guilty plea and rescission for the accused.