Article 174 of the Criminal Procedure Law of People's Republic of China (PRC) stipulates that if a criminal suspect voluntarily pleads guilty and agrees to apply sentencing suggestions and procedures, he shall sign a confession and repentance book in the presence of a defender or a lawyer on duty. If a criminal suspect pleads guilty and admits punishment, it is not necessary to sign a statement of pleading guilty and admitting punishment in any of the following circumstances: (1) The criminal suspect is a mental patient who is blind, deaf, dumb or has not completely lost the ability to identify or control his own behavior; (two) the legal representative or defender of the juvenile criminal suspect has any objection to the juvenile's confession and punishment; (3) Other circumstances in which it is not necessary to sign a confession and repentance.
Legal objectivity:
I. How to Identify a Criminal Suspect to Destroy Evidence by himself According to the relevant laws and regulations of our country, if a criminal suspect destroys the crime scene or criminal tools, he can be identified as destroying evidence and can be detained first. Article 82 of the Criminal Procedure Law of People's Republic of China (PRC) * * * A flagrante delicto or a major suspect under any of the following circumstances may be detained by the public security organ in advance: (1) A person who is preparing to commit a crime, commits a crime or is found immediately after committing a crime; (2) The victim or a witness on the spot identifies him as a criminal; (3) criminal evidence is found around him or at his residence; (four) attempted suicide, escape or escape after committing a crime; (5) It is possible to destroy or forge evidence or collude with others; (six) do not speak the real name and address, the identity is unknown; (7) Being seriously suspected of committing crimes on the run, committing crimes for many times or committing crimes in association. Second, criminal evidence collection skills 1, inquiry. Inquiry means that law enforcement agencies or lawyers ask the parties, witnesses or expert witnesses to state their understanding of the case. Inquiry is a measure and method of obtaining evidence that is often used in any case. 2. Interrogation. Interrogation refers to the method used by law enforcement agencies to ask violators, criminal suspects or criminal defendants to truthfully explain the case. The objects of interrogation are limited to criminals in administrative punishment cases and criminal suspects and defendants in criminal cases. The subject of interrogation is limited to law enforcement agencies, not including lawyers. 3. identify. Identification requires the victim or witness to pick out what he has seen and heard from many similar objects, places or people. The subject of identification can be the victim and witness in the case, and the object of identification can be the criminal suspect in the case or the person who has some connection with the case, or the articles or places related to the case. 4. Interrogation. An inquest refers to a special activity in which law enforcement officers come to the scene to find and extract evidence. The subject of inspection is limited to law enforcement agencies, and lawyers have no right to conduct inspections. From the perspective of collecting evidence, on the one hand, the inquest is an important way to find and extract all kinds of physical evidence, on the other hand, the inquest record itself is also one of the types of evidence. 5. check. Inspection refers to the special activities of law enforcement agencies to inspect the personnel related to the case according to law. The object of examination is the body of the living, also called physical examination. Personal inspection record is its main form of evidence. 6. search. Search refers to the special activities of law enforcement agencies to conduct compulsory search, search and extract evidence materials from places or personnel related to the case according to their functions and powers. The search object can be a place, a person, a car, a boat and other objects. Search is an important way to find and extract all kinds of physical evidence and documentary evidence, and the search record itself is one of the types of evidence. 7. Experiment. Experiment refers to the special activities of law enforcement agencies to simulate and reproduce the crime scene, criminal process or case process, which is mainly applicable to criminal cases. In other kinds of cases, it may be necessary to use this reproducible experimental method to find out the cause of the accident or verify the statements of the parties or witnesses. 8. identification. Appraisal refers to the activities of specialized agencies or personnel to use their professional technical knowledge and scientific and technological equipment to detect related special problems and make appraisal conclusions.