Analysis On The Issue Of Revocation Of Guilty By The Prosecuted In The Cases Of Confession And Punishment

With the increase of the application rate of the confession and punishment procedure,the number of cases of repentance by the accused is also increasing.In view of the provisions of the criminal procedure law and normative documents on the repentance of the accused are only framed and principled,and the previous research papers on the repentance of the accused in the confession and punishment system are still focused on whether the accused should be given the right to appeal.Therefore,starting from the real criminal case,guided by the problems reflected in the case,the repentance of the accused is analyzed.First of all,starting from the practice,relying on the specific cases cited comprehensively elaborate the specific performance,types and causes of repentance in all aspects of criminal proceedings.Secondly,the judicial effect of the defendant’s repentance is analyzed.For the judicial organs,the defendant’s repentance may lead to procedural rotation and increase the difficulty of sentencing.For the accused himself,he or she may be adversely evaluated for his or her remorse or a confession of guilt is received in full and taken together.And combined with the Anglo-American law system of guilty plea system and the civil law system of plea bargaining system on the specific provisions of the defendant’s regret and the research results of mainland scholars,giving the right of repentance to the accused of guilty plea and punishment has a solid theoretical foundation at the two levels of subjectivity and voluntary guarantee of guilty plea and punishment,which is of great benefit to the implementation of the principle of presumption of innocence and the principle of not being forced to self-incrimination and the fairness and justice of criminal justice.In conclusion,giving the accused the right to repent in the case of guilty plea is clearly in line with the current trend of criminal justice.Based on this,it is urgent to establish and improve the accused’s repentance mechanism,including clarifying the subject,time limit,frequency and specific procedures of the exercise of the right to repentance,clarifying the effectiveness of the accused’s guilty confession,allowing and restricting the prosecution authorities to protest against the accused’repentance behavior,and combining the accused’s repentance review mechanism with the judicial credit scoring system to guide the accused to regulate the exercise of the right to repentance.