The first case is that after the people's court hears the case, it thinks that the sentencing suggestion of the procuratorate is obviously inappropriate. After hearing the case, the court held that the penalty that the defendant might impose was too large, too heavy or too light, which was obviously inappropriate. For example, after trial, the court thinks that the defendant may be sentenced to three years' imprisonment, but the sentencing suggestion of the procuratorate may be five years' imprisonment, which is obviously inappropriate.
In the second case, the defendant's defense lawyer objected to the sentencing proposal and put forward the corresponding reasons. In the case of confession and punishment in the procuratorate, both the criminal suspect and the defense lawyer need to sign a letter of refusal to plead guilty and admit punishment. This kind of situation rarely returns to the court stage in practice, but it may happen under special circumstances. For example, in a case, the defendant did not obtain the victim's letter of understanding at the stage of review and prosecution, but obtained the victim's letter of understanding at the trial stage, and new sentencing evidence appeared, or the defendant changed his defender at the trial stage, and the new lawyer refused to recognize the sentencing proposal signed by the original lawyer. Then in this case, the defendant or defender raises an objection to the sentencing proposal and puts forward the corresponding reasons.
Legal basis: Criminal Procedure Law of People's Republic of China (PRC).
Fifteenth criminal suspects and defendants voluntarily truthfully confess their crimes, admit the facts of the alleged crimes, and are willing to accept punishment, which can be given a lighter punishment according to law.
Article 201 When a people's court makes a judgment on a case of pleading guilty and admitting punishment according to law, it shall generally adopt the charges and sentencing suggestions accused by the people's procuratorate, except for the following circumstances:
(a) the defendant's behavior does not constitute a crime or should not be investigated for criminal responsibility;
(2) The defendant pleads guilty against his will;
(3) The defendant denies the alleged criminal facts;
(4) The charges charged in the prosecution are inconsistent with those found in the trial;
(5) Other circumstances that may affect a fair trial.
If the people's court considers that the sentencing proposal is obviously inappropriate after trial, or the defendant or defender raises objections to the sentencing proposal, the people's procuratorate may adjust the sentencing proposal. If the people's procuratorate fails to adjust the sentencing proposal or it is still obviously inappropriate after adjusting the sentencing proposal, the people's court shall make a judgment according to law.