Pleading guilty and admitting punishment is stipulated in Article 15 of the Criminal Procedure Law. If a criminal suspect or defendant voluntarily confesses his crime truthfully, has no objection to the alleged criminal facts, agrees with the sentencing proposal and signs a written statement, he may be lenient according to law.
Article 15 of the Criminal Procedure Law: If a criminal suspect or defendant voluntarily confesses his crimes truthfully, admits the alleged criminal facts and is willing to accept punishment, he may be treated leniently according to law. In any of the following circumstances, the lenient system of pleading guilty and admitting punishment is not applicable:
(1) The criminal suspect or defendant is a mental patient who has not completely lost the ability to identify or control his own behavior;
(two) the legal representative or defender of the juvenile criminal suspect or defendant has any objection to the juvenile's confession and punishment;
(3) The acts of the criminal suspect or defendant do not constitute a crime;
(4) Other inapplicable circumstances.
In handling cases of confession and punishment, we should follow the basic principles of the Criminal Law and the Criminal Procedure Law, take facts as the basis, take the law as the criterion, safeguard the criminal suspects and defendants' right to defense and other litigation rights according to law, safeguard the legitimate rights and interests of victims, safeguard the public interests, strengthen supervision and control, ensure that innocent people are not subject to criminal investigation, and that guilty people are justly punished to ensure judicial justice.
The following principles shall be adhered to in handling cases of confession and punishment:
Carry out the criminal policy of combining leniency with severity, fully consider the social harm of crime and the personal danger of criminal suspects and defendants, and determine whether to be lenient and the range of leniency in combination with the specific situation of pleading guilty and admitting punishment, so as to ensure the legal and social effects of handling cases.
Adhere to the adaptation of guilt and punishment, put forward sentencing suggestions according to the facts, nature, circumstances and consequences of the crime, accurately measure the sentence, and ensure that the severity of punishment is compatible with the crimes committed by criminals and the criminal responsibilities they should bear.
Adhere to the judgment of evidence, collect, fix, review and identify evidence according to law.
When handling cases of pleading guilty and admitting punishment, it is necessary to ensure that criminal suspects and defendants get effective legal help and that they voluntarily understand the nature and legal consequences of pleading guilty and admitting punishment.
Legal aid institutions can provide legal aid according to the actual needs of people's courts and detention centers by setting up legal aid workstations to send lawyers on duty and arranging lawyers on duty in time. People's courts and detention centers shall provide convenient workplaces and necessary office facilities for lawyers on duty to carry out their work, simplify meeting procedures, and ensure that lawyers on duty perform their duties according to law.
If a criminal suspect or defendant voluntarily pleads guilty and admits punishment, and there is no defender, the people's court, the people's procuratorate and the public security organ shall notify the lawyer on duty to provide legal assistance such as legal consultation, procedure selection and application for changing compulsory measures. People's courts, people's procuratorates and public security organs shall inform criminal suspects and defendants of their right to apply for legal aid. Those who meet the conditions for notifying the defense shall notify the legal aid institution to appoint a lawyer to defend them according to law. People's courts, people's procuratorates and public security organs should take the confession and repentance of criminal suspects and defendants as an important factor to consider whether they are harmful to society. Criminal suspects and defendants who are not socially dangerous should be released on bail pending trial and placed under residential surveillance.
When handling a case of pleading guilty and admitting punishment, we should listen to the opinions of the victim and his agent, and take whether the criminal suspect or defendant has reached a settlement agreement with the victim or compensated the victim for losses and obtained the victim's understanding as an important consideration in sentencing.
In the process of investigation, the investigation organ shall inform the criminal suspect of his litigation rights and the possible legal consequences of pleading guilty, and listen to the opinions of the criminal suspect and his defenders or lawyers on duty. If a criminal suspect voluntarily pleads guilty and admits punishment, it shall be recorded and attached. If the criminal suspect expresses his willingness to plead guilty and admit punishment to the staff of the detention center or the defender or lawyer on duty, the relevant personnel shall promptly inform the case-handling unit in writing. For the case transferred for examination and prosecution, the investigation organ shall specify the criminal suspect's voluntary confession and repentance in the prosecution opinion.
If a criminal suspect voluntarily and truthfully confesses the suspected criminal facts, has made significant contributions or the case involves the vital interests of the state and needs to be revoked, the public security organ handling the case shall report it to the Ministry of Public Security, and the Ministry of Public Security shall report it to the Supreme People's Procuratorate for approval.
In the process of examination and prosecution, the people's procuratorate shall inform the criminal suspect of the litigation rights he enjoys and the possible legal consequences of pleading guilty, listen to the opinions of the criminal suspect and his defender or lawyer on duty on the following matters, and record and attach a volume:
(a) Allegations and applicable legal provisions;
(2) Suggestions on a lighter, mitigated or exempted punishment;
(3) The applicable procedures for case review after pleading guilty;
(four) other circumstances that need to listen to opinions.
If a criminal suspect voluntarily pleads guilty and agrees to apply sentencing suggestions and procedures, he shall sign a statement in the presence of a defender or a lawyer on duty.
No matter what kind of illegal and criminal acts, they need to be severely punished. At this time, we should pay attention to protecting our rights and interests in criminal proceedings in our daily life, and we can hire professionals to protect ourselves when necessary.