1, the procuratorate may not sign if the sentence is too heavy, but the party who does not sign can also be regarded as served;
2. If the penalty is too heavy, the parties concerned, their legal representatives and close relatives may appeal to the people's court or the people's procuratorate against the legally effective judgment or ruling, but they cannot stop the execution of the judgment or ruling;
3. The procuratorate is not responsible for sentencing, and the people's court is responsible for sentencing suspects. When the judgment is delivered, the family members are required to sign it, which only means that they have been notified, but the family members do not sign it, and the sender can record it without any consequences.
Appeal refers to the activities of the parties who refuse to accept the first-instance judgment, ruling or review decision made by the people's court within the statutory time limit and file a retrial with the people's court at the next higher level. The appeal must have qualified appellants and appellees; It must be a judgment ruling that allows appeal according to law; Meet the statutory time limit for appeal. In criminal cases of second instance, the people's court of second instance shall conduct a comprehensive review of the facts ascertained in the judgment of first instance and the applicable laws, and shall not be limited by the grounds and scope of appeal. In criminal appeal cases, the people's court of second instance shall not aggravate the defendant's punishment. In a civil case of second instance, the court of second instance examines the relevant facts and applicable laws of the above-mentioned request of the parties, and will not examine it if the parties have not made a request; However, the judgment of first instance violates the prohibition of the law and infringes on the interests of the public or others. The defendant, private prosecutor and legal representative have the right to appeal to the people's court at the next higher level if they refuse to accept the judgment or ruling of the people's court of first instance; Defenders and close relatives of the defendant may appeal with the consent of the defendant; The parties to an incidental civil action and their legal representatives may appeal to the part of the incidental civil action in the judgment or ruling of first instance of the local people's courts at all levels. According to the law, the defendant shall not be deprived of the right to appeal under any pretext.
As the main factor for family members to judge whether they should sign a confession and repentance.
1. Do you trust the entrusted lawyer enough?
In the case of entrusting a lawyer, whether to sign a confession statement or not, the first consideration is the opinion of the defense lawyer. The premise of respecting the opinions of defense lawyers is whether the parties have enough trust in the entrusted lawyers. If lawyers are professional and dedicated, their opinions can usually be trusted. Because of the complexity of criminal defense and the particularity of confession and punishment, the professionalism of defense lawyers is particularly important. After all, once a confession is signed, it means that the punishment for the parties has been basically determined, and it will be denied in the later court session or appeal after the first trial, which will bring adverse consequences to the parties to a great extent. Of course, it is another matter that the defense lawyer has a special defense strategy after fully communicating with the client. There are many criteria to evaluate whether a lawyer is professional in the field of criminal defense. Generally speaking, it includes but not limited to the following aspects: knowledge structure and work experience, familiarity with criminal justice, handling a certain number of criminal cases, etc. The life of law lies not in logic but in experience. As far as specific cases are concerned, whether the defense lawyers have consulted and provided the recent court punishments of similar cases in the region is also a relatively direct standard to examine whether the lawyers are professional.
2. Whether the defense lawyer has fully communicated with the public prosecutor.
Due to the short time limit for handling a case of pleading guilty and admitting punishment, the procuratorate has the problem of too many people and too few cases. After the case enters the stage of examination and prosecution, the defense lawyer should quickly read the papers, communicate with the parties, find the defense point of the case, and fully communicate with the prosecutor in charge on this basis. For various reasons, the prosecutor in charge of the case has his own understanding, and the defense lawyer communicates with him in time to strive for the most favorable result for the parties, which can largely decide whether to sign the statement. "Details determine success or failure", and full marking and in-depth communication are the prerequisites for good results.
3. Did the defense lawyer fully communicate with the client himself?
The result of all punishment is borne by the parties first, so it is very important for the defense lawyer to communicate fully with the parties themselves. It is understandable for the parties to pursue the optimal punishment result, but as far as specific cases are concerned, it is difficult for the parties themselves to know what the optimal punishment result is, and defense lawyers need to fully communicate with them. After all, once the sentencing proposal of the procuratorate is approved and a written statement is signed, the plot of pleading guilty and admitting punishment wins. Of course, not only the suggestions of the procuratorate are acceptable, but also better results may be obtained without signing a written statement and going to court to defend. How to choose, defense lawyers need to give appropriate advice to the parties after fully evaluating specific cases, and the suggestions of others, including family members, are for reference only.
legal ground
People's Republic of China (PRC) Civil Procedure Law
Article 82 The time period includes the statutory time period and the time period designated by the people's court.
The period is calculated in hours, days, months and years. The time and date when the period begins are not included in the period.
The last day after the expiration of the period is a holiday, and the first day after the holiday is the expiration date of the period.
The period does not include the time in transit, and the litigation documents mailed before the expiration are not overdue.
Article 83 If a party delays the time limit due to irresistible reasons or other legitimate reasons, he may apply for an extension within 10 days after the obstacle is removed, and whether to grant it or not shall be decided by the people's court.
Article 84 There must be a receipt for the service of litigation documents, and the addressee shall record the date of receipt, sign or seal on the receipt.
The date of receipt by the addressee on the service receipt shall be the date of service.
Article 85 Litigation documents shall be served directly on the addressee. If the addressee is a citizen, I will not give it to his adult family to sign for it; If the addressee is a legal person or other organization, it shall be signed by the legal representative of the legal person, the principal responsible person of other organizations or the responsible person of the legal person or organization; If the addressee has an agent ad litem, he may send it to his agent for signature; If the addressee appoints an agent to the people's court, it shall send it to the agent for signature.
The date of delivery is the date when the adult family members, legal persons or other organizations of the addressee are responsible for receiving and the litigation agent or agent signs for it.
Article 86 If the addressee or his adult family members who live together refuse to accept the litigation documents, the addressee may invite the representatives of the relevant grass-roots organizations or units to be present, explain the situation, record the reasons and date of refusal on the service receipt, and leave the litigation documents at the addressee's residence, which shall be signed or sealed by the addressee and witnesses; You can also leave the litigation documents at the addressee's residence and record the delivery process by taking photos, videos, etc. , that is, as delivery.