“坦白从宽”否定论辨析

Discrimination of Negation of“Leniency to Those who Confess Their Crime”

“坦白从宽”作为鼓励犯罪人供述的机制,与有罪推定没有关系,在某种意义上还有助于减少刑讯逼供,更是沉默权国家的司法配套机制。“坦白从宽”对提高诉讼效率的积极意义不容忽视。我国将来顺应国际诉讼潮流逐步引进沉默权制度,必须以进一步完善鼓励供述的“坦白从宽”制度为前提。

As a mechanism of encouraging criminals to confess their crime, leniency to those who confess their crime has nothing to do with inference of not guilty. In a way, it is helpful to reduce extorting a confession by torture, and it is also a necessary mechanism of right of reticence. It has the positive significance to improve the efficiency of lawsuits