有罪答辩与量刑减让

Guilty Pleas and Sentence Discount

在英美等国 ,对有罪答辩的量刑减让是一项总的法律原则 ,但有罪答辩与量刑减让之间并不存在必然的因果关系 ,对被告人的量刑减让以及减让的程度仍属于法官的一项自由裁量权。与此同时 ,从心理推导过程来看 ,被告人有罪答辩决定的作出 ,又在于对量刑减让的预期 ,这一决定的自愿性和正当性有赖于在量刑减让信息的传输和处理上的合理性。我国传统意义上的坦白不同于有罪答辩 ,对坦白者从宽并不具有正当性 ,即使未来的有罪答辩制度得以确立 。

The sentence discounts for guilty pleas are a legal general principle in the United kingdom and the united states of A merica etc. . However, relation o f guilty pleas and sentence discounts is not a certain relation of cause and eff ect, judges retain their discretion to deal appropriately with the sentence disc ounts and sentence extent for the defendant who indicates a guilty plea. Meanwhi le, for Judgment in defendant's mind, a guilty pleas the defendant indicates is based on a expect for sentence discount, the voluntairness and appropriateness o f guilty plea lie in that the information on sentence discount are delivered and dialed properly. In our country, that the defendant who confess his guilt is en titled to a discount in his sentence is undue, because traditional confession is different from guilty pleas. In future, the effect of the guilty plea on senten ce discount is limited.