Research on the Right to Repent in the System of Leniency for Guilty Plea

Abstract

The right of recusal serves as a remedy enabling the accused to unilaterally negate the legally binding agreement between prosecution and defense, playing a crucial role in the leniency system for guilty pleas. This study examines the right of recusal within this framework, outlining its legal attributes, functional positioning, and institutional coordination. It analyzes three key challenges-institutional flaws, imbalanced negotiation mechanisms, and formalized trial review processes-through three dimensions: rights, power, and procedures. By examining real-world cases, the paper evaluates judicial resource consumption and corrective effectiveness in exercising this right across both minor and major offenses.