共犯被告人之间供述一致定案能力分析——兼析我国刑事诉讼法第四十六条

共犯被告人之间的供述相互印证,但无其他证据佐证能否定案是目前法学界与司法实践中的一个难点.从我国刑事诉讼法第46条的内涵人手,论证该条中的"被告人供述"仅指证明对象被告人本人的供述,共犯被告人供述是该条所说的"其他证据",符合补强证据的要求,共犯被告人供述相互印证的情形下能够定案,而且这也是各国的立法通例.

Analysis on the Capacity of the Unanimous Confession of Accomplice in Deciding a Case

It is one of the difficulties in the academic circle of law and judicial practices whether a case can be decided by the confession of accomplice, without other evidences. This paper, starting from the implication of Article 46 of the criminal procedure law, maintains that "confession of the defendant"only refers to "the defendant's self-confession "and "confession of the accomplice" refers to "the other defendant's self-confession and "confession of tfe accomplice" refers to "the other evidences". It also demonstrates that confession of the defendant meets the requirement of corroborations evidence, thus, a case can be determined by the unanimous confession of accomplice. As is the case in every other country.