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刑诉法第46条规定:“只有被告人供述,没有其他证据的,不能认定被告人有罪和处以刑罚;没有被告人供述,证据充分确实的,可以认定被告人有罪和处以刑罚。”这一法条中对“被告人”没有作进一步具体化的阐述,它既可理解为单一被告,亦可理解为共同被告。如果“被告人”是单一被告,证据上只有单一被告人供述而缺乏其他证据,是孤证,按照刑诉法第46条是不能据以定案的,
Article 46 of the Criminal Procedure Law stipulates: “The defendant shall not be found guilty of and guilty of the sentence unless there is no other evidence, and if there is no statement of the accused and the evidence is sufficiently substantiated, he can be found guilty of the accused and sentenced.” The law does not elaborate on the “defendant”, it can be understood as a single defendant, but also as a co-defendant. If the “defendant” is a single defendant, the evidence is only a single defendant confession and lack of other evidence is a solitary evidence, according to Article 46 of the Criminal Procedure Law can not be fixed according to the case,