单位自首若干争议问题探析

目前,单位自首制度已成为刑法理论及司法实践中亟需解决的新问题。基于单位犯罪法典化和实现刑罚目的的要求,单位应能成为自首主体。单位自首有单位一般自首、单位准自首以及单位特别自首三种类型,其成立条件具有特殊性。由于单位自首与单位犯罪的直接负责的主管人员和其他直接责任人员的自首是相对独立的,前者成立自首并不意味后者亦是自首,反之亦然。因此,对犯罪单位、单位犯罪的直接负责的主管人员和其他直接责任人员应分别决定刑罚。

An Inquiry into Several Controversy Issues on Self-accusation of Unit Crime

At present,self-accusation of unit crime has become a new issue which needs to be dealt with urgently in both theories of criminal law and judicial practice.Since the unit crime has been defined in corpus juris and the requirements from the targets of criminal penalties should be realized,unit can become the body part of self-accusation.Self-accusation of unit crime has three kinds-the general one,the quasi-one and the special one,and its constitution factors are of peculiarity.As self-accusation of unit crime and the managers-in-charge with direct responsibilities and other persons with direct responsibilities are relatively independent,if the former constitutes self-accusation,it does not mean that the latter do so,vice versa.For this reason,it is necessary to give penalties to them individually.