A Study On The Accused’s Right Of Repentance In The Leniency Of Confession And Punishment

With the implementation of the system of leniency in the whole country,there are a large number of people who confess their crimes and then go back on their word.In judicial practice,the accused’s right to repent is often faced with judiciary vindictiveness,the restriction of “Confession-centrism”and the loss of the right to plead not guilty.In order to guarantee the reasonable exercise of the accused’s right of confession and repentance,and better implement the system of leniency,we should set up the mechanism of the accused’s right of confession and repentance.In order to effectively solve the key problems in the study of the accused’s right of repentance in the leniency of confession and punishment,this paper takes the application of the system of plea bargaining in H city,h province,T District Court in 2020 and the2021 two years as a model for analysis.In order to provide the judicial practice basis for solving the above-mentioned problems,the author makes statistics and analysis on the appeal rate,the appeal reasons,the counterappeal situation of the Procuratorate and the court hearing situation after applying the system of guilty plea and punishment.By comparing the data,we can understand the legislative and judicial status quo of the accused’s right of repentance,so as to make a deep analysis of the problems existing in the accused’s right of repentance in the process of confession and punishment,the author puts forward some suggestions to solve the problems,hoping to protect the accused’s right of repentance and improve the system of leniency.To ensure the voluntary nature of guilty plea,the accused should be given the right to repent,and the subject status of the accused should be respected.As a means of relief,the accused should have the right to confess his crime and then go back on his word.The accused should have the right of repentance,but the right should be limited,and the right of repentance should be protected,and the right of repentance should be limited.The written confession is a unilateral statement,not a public law contract,which is the basis of the accused’s right of repentance.The accused’s right of repentance should be mainly expressed,the accused can not be presumed to renege on the defence of the defender.After the accused reneges,he shall deny the confession obtained after the plea bargain.