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一、作为法定情节的坦白的适用问题“坦白从宽”是我国历来的刑事政策,在以往的司法实践中一直作为酌定量刑情节予以考量,《刑法修正案(八)》将其上升为法定量刑情节。但有关坦白的司法解释尚未颁布,实践中对于坦白条款的适用存在诸多分歧,笔者将结合实践案例对该条款中“因其如实供述自己罪行,避免特别严重后果发生”
First, as a legal application of the confession of the matter frankly lenient “is our criminal policy has always been in previous judicial practice as discretionary sentencing circumstances to be considered,” Criminal Law Amendment (8) “to its up For the legal sentencing plot. However, the confession of judicial interpretation has not yet been promulgated. In practice, there are many disagreements on the application of frank clauses. The author will combine the practical cases with the article ”to avoid the occurrence of particularly serious consequences because of its true facts"