根据《刑法修正案(八)》第八条的规定,在《刑法》第六十七条中增加一款作为第三款,即犯罪嫌疑人虽不具有前两款规定的自首情节,但是如实供述自己罪行的,可以从轻处罚;因其如实供述自己罪行,避免特别严重后果发生的,可以减轻处罚。这一修正也就将刑法理论和司法实践中的“坦白从宽”从酌定情节上升为法定情节。 According to Article 8 of the Amendment to the Criminal Law (8), a paragraph is added as the third paragraph to Article 67 of the Criminal Law, that is to say, the criminal suspect, though not having the surrender of the provisions of the preceding two paragraphs, Those who confess their own crimes may be given a lenient punishment; mitigating punishment because they truthfully confessed their own crimes and avoid particularly serious consequences. This amendment also raised the “confession” in the criminal law theory and judicial practice from a discretionary episode to a legal one.