浅析“双规”期间的交待与自首认定之关系

司法实践中,检察机关基本上都将犯罪嫌疑人在党的纪检部门采取“双规”措施期间的如实交待认定为自首。犯罪嫌疑人“双规”期间的如实交待能否认定为自首,判断的标准应是其交待的行为是否符合自首成立的条件以及自首制度的立法本意。只有严格区分“双规”期间交待的不同情形,才能准确做出自首认定。

On the Determination of Voluntary Confession and Self-accusation in the Period of Double-designation

In judicial practice,the prosecutorial organizations basically take voluntary confession of the suspects as self-accusation in the period of double-designation.The present paper holds that the determination of self-accusation shall be based on the concrete analysis of concrete conditions.The standard of judgment should be based on the fact that whether the behavior of voluntary confession coincides with the conditions of self-accusation and its legislative intention.Only by strictly distinguishing the different conditions of voluntary confession in the period of double-designation can the behavior of self-accusation be precisely determined.