Faithful Confession Of China’s Penality System

Faithful confession that the confession of his crime, is refers to take accountof the main facts of a crime suspect their behavior. Faithful confession is theimportant content in the penalty system. Faithful confession in line with the penaltysystem encourages the suspect arrested, characteristic value for leniency, butalso to reduce the cost of justice, improve judicial efficiency. Thus faithful confessionis very important in the penalty system. Faithful confession can be divided into twoproblems to describe: Faithful and confession. Analysis of the Faithful is from twoaspects the authenticity and validity. Validity Faithful act with theirown memory, objective facts and case statement is not consistent, but the behaviorpeople confession have restored all memory at that time and made a full expression.Authenticity truthful require that the time of faithful confession should be before the firstinstance judgment at the latest. The content of confession subdivided into the twoaspects:“the crime”,“own” to investigate.“Crime”, including the main facts of acrime and affect the conviction and sentencing perpetrator’s own situation. Thejudgment of Not yet mastered includes both subjective and objective aspects, onobjective investigation organs have mastered a certain amount of evidence for crimeundiscovered, on subjective investigation organs have consciously startedinvestigations and had rough direction of the investigation. There are leaks in theinterpretation applies of “on the treatment of voluntary surrender and meritoriousservice of several issues concerning the specific application interpretation oflaw”(hereinafter referred to as the “interpretation”) and “on the treatmentof voluntary surrender and meritorious service for some specific issues”(hereinafterreferred to as the “opinions”) about the “other crimes”, so when explaining “othercrimes”, we should identify the behavior of offender as surrender as far as possible toweaken the negative effects “interpretation” and “opinions”. In the common crime,different people “own” have different intension and extension. Application of law inthe confession should be analyzed according to the confession of the content and theconfession in court case.Faithful Confession is an important part in the system of penalty system, hasimportant significance to research the application of penalty system.