First, do you need a lawyer to plead guilty?
After signing the confession and repentance. There is no need to hire a lawyer when the court is in session, because the court will generally make a judgment based on the opinions of the procuratorate. Many defendants did not entrust a lawyer or assist a lawyer at the investigation stage, but pleaded guilty and pleaded guilty under the witness of the lawyer on duty. Or even if there is a defense lawyer, the investigation organ bypasses the defense lawyer and makes a confession with the defendant in person.
The lawyer on duty is a witness. Although he may tell the defendant about the legal provisions and system provisions, he has never read the paper, met or communicated, so it is impossible to make any substantive comments objectively. People's courts, people's procuratorates and public security organs should ensure that criminal suspects and defendants get effective legal help and that they voluntarily understand the nature and legal consequences of confession and punishment.
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 (detention center) shall notify the lawyer on duty to provide legal advice, suggestions on procedure selection and applications for changing compulsory measures. Those who meet the requirements for notification of defense shall notify the legal aid institution to appoint a lawyer to defend them according to law.
2. Under what circumstances will the court not adopt the opinions of the procuratorate?
When making a judgment according to law, the people's court shall generally adopt the charges and sentencing suggestions accused by the people's procuratorate, except for the following circumstances:
1, the defendant's behavior does not constitute a crime or should not be investigated for criminal responsibility;
2. The defendant pleaded guilty against his will;
3. The defendant denied the alleged criminal facts;
4. The charges charged in the prosecution are inconsistent with those identified 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.
To sum up, the defendant voluntarily confessed his crime, pleaded guilty and agreed to sign the penalty book in the process of handling the case by the procuratorate, so it is usually unnecessary to hire a lawyer, because the penalty book will clearly write the sentencing opinions of the procuratorate and let the defendant know what kind of punishment he will face. Of course, as a judicial organ, it will still protect the defendant's right to defense.