| The affidavit of pleading guilty and accepting punishment with leniency contains the element of negotiation and consensus, but its character of right should not be ignored. Permitting the accused to withdraw the plea of guilty and acceptance of punishment is an inherent requirement of voluntariness guarantee. As such, it conforms to the spirit of presumption of innocence and the rules of procedure operation and satisfies the need of effectively controlling the risks in relevant systems. The objects of withdrawal of plea of guilty and acceptance of punishment can be divided into fact, crime, accusation, measurement of penalty and so on and the reasons of withdrawal include withdrawal with cause and withdrawal without cause. When the accused exercises the right of withdrawal, the content of the plea of guilty in affidavit should not be the evidence of guilt, and the negative presumption on the basis of withdrawal should not be made. The effect of withdrawal is “restoration of the original condition or state”. However, the withdrawal may have an impact on the application of compulsory measure, the non-prosecution decision, the trial procedure, the sentencing, and so on. In the current context, the right of the accused to appeal should not be deprived, and the application of the principle of no additional punishment for appeal should not be limited in any way in cases of pleading guilty and accepting punishment. |
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