On The Right Of Repentance Of The Prosecuted Person In Confession And Punishment

In the trial period of leniency of confession and punishment system and after joining the criminal procedure,it is not uncommon for the accused to rescission after confession and punishment.Although there was a dispute in the academic community about whether it was necessary to establish the right of rescission of the person being prosecuted,the necessity of establishing the right of rescission gradually became prominent in the face of the continuous problems in practice.In our country’s existing laws and regulations,only in the judicial interpretation stipulates that after the procuratorate makes a discretionary non prosecution,the person being prosecuted rescind pleading guilty,the handling procedures of the procuratorate.The law does not clearly give the person being prosecuted the right of rescission after pleading guilty,and therefore lacks the system design of the respondent ’s right of rescission.In order to protect the legitimate rights of the person being prosecuted,under the background that cooperative justice has become normal,the right of rescission to the pleading guilty should be clearly given at the legal level,and formulate relevant procedures to exercise the right of rescission for the person being prosecuted,making the right of rescission a practical right for them.At the same time,it is necessary to strengthen the awareness of the rights and responsibilities of the duty counsel to help the person being prosecuted to exercise the right of rescission.