认罪认罚从宽制度中被追诉人反悔权的规范构建

Normative Construction of the Accused’s Right to Retract in the Leniency System for Admitting Guilt and Accepting Punishment

摘要: 认罪认罚从宽制度在提升诉讼效率的同时，因被追诉人反悔引发的程序争议日益增多。现行立法未明确认可反悔权，导致司法实践缺乏统一标准，自愿性保障机制存在明显短板。反悔权是维系该制度正当性的必要前提，其核心功能在于保障意思表示真实性，防范利用强制措施不当影响认罪自愿性的现象。当前运行困境源于效率优先导向、规则缺位及值班律师参与呈现形式化特征。立足司法实际，有必要通过立法明确认可反悔权，区分程序违法、重大误解、情势变更等正当事由；依诉讼阶段设定审查强度——侦查起诉阶段允许自由反悔，审判阶段实行实质审查，上诉阶段严格限制；并配套强化同步录音录像核查、举证责任倒置、值班律师有效帮助等机制，以实现权利保障与程序效率的平衡。

Abstract: While the leniency system for admitting guilt and accepting punishment enhances litigation efficiency, procedural disputes triggered by the accused’s retraction have been increasingly prevalent. Current legislation does not explicitly recognize the right to retract, resulting in a lack of uniform standards in judicial practice and evident deficiencies in mechanisms safeguarding voluntariness. The right to retract serves as a necessary prerequisite for upholding the legitimacy of this system, with its core function being to ensure the authenticity of the declaration of intent and to prevent improper influences on voluntary confession through mandatory measures. The present operational challenges arise from an efficiency-prioritizing approach, the absence of rules, and the formalized characteristics of duty lawyers’ participation. Grounded in judicial realities, it is essential to explicitly affirm the right to retract through legislation, differentiating legitimate grounds including procedural violations, major misunderstandings, and changes in circumstances; to establish varying levels of scrutiny based on litigation stages—permitting free retraction during investigation and prosecution phases, substantive review in the trial phase, and strict limitations in the appeal phase; and to supplement with reinforced mechanisms such as synchronous audio and video recording verification, reversal of the burden of proof, and effective assistance from duty lawyers, thereby achieving a balance between rights protection and procedural efficiency.