1. The confession and repentance was voluntarily signed by the defendant and the procuratorate on the basis of communication on conviction and sentencing;
2. The criminal suspect and the defendant shall sign the confession and repentance in the presence of the defender or the lawyer on duty;
3. Family members are not qualified to sign the confession and repentance, so they can't sign instead of the criminal suspect or defendant.
The implementation process of the system of confession and punishment;
1. Case acceptance: the procuratorate accepts the case after receiving it from the public security organ;
2. Right to inform: Inform the suspect of the right to get the help of the defender and the relevant contents of the system of confession and punishment;
3. Lawyer intervention: The criminal suspect can choose to hire a lawyer, or the legal aid lawyer appointed by the state can provide assistance;
4. Examination and evidence collection: The procuratorial organ conducts examination and evidence collection on the case to ensure that the evidence is legal and sufficient;
5. Consultation on confession and punishment: the prosecutor negotiates with the criminal suspect and his defender on confession and punishment;
6. Making an agreement: After reaching an agreement through consultation, making an agreement on confession and punishment, which shall be signed by the criminal suspect and the defender for confirmation;
7. Prosecution: The procuratorate conducts prosecution according to the contents of the agreement and submits the agreement and other related materials to the court;
8. Trial: The court tried the suspect in accordance with the law and made a judgment according to the plea agreement.
To sum up, the confession and repentance is signed by the defendant and the procuratorate voluntarily, and must be carried out under the supervision of the defender or the lawyer on duty, and the family members have no right to sign it on their behalf.
Legal basis:
Criminal Procedure Law of the People's Republic of China
Article 174
If a criminal suspect voluntarily pleads guilty and agrees to apply sentencing suggestions and procedures, he shall sign a confession and repentance 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 confession and repentance book under 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 recognize 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.