What are the rules of pleading guilty in the Supreme People's Court?

When a criminal sincerely expresses that his previous behavior is very wrong, he can tell the trial judge what he really thinks and admit all the crimes. Usually, such confession can be mitigated by the normal court according to the relevant regulations of the Supreme People's Court. Let's learn about the Supreme People's Court's regulations on confession retraction. 1. What is the Supreme People's Court's provision for pleading guilty? Article 1 A criminal suspect or defendant who voluntarily and truthfully confesses his crime, has no objection to the alleged criminal facts, agrees with the sentencing proposal and signs a written statement, may be treated leniently according to law. Article 2 The lenient system of pleading guilty and admitting punishment is not applicable under any of the following circumstances: (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. Article 3 In handling cases of pleading guilty and admitting 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 right of defense and other litigation rights enjoyed by criminal suspects and defendants according to law, safeguard the legitimate rights and interests of victims, safeguard the interests of the public, strengthen supervision and control, ensure that innocent people are not subject to criminal investigation, and that guilty people are punished as they should, and ensure judicial justice. Article 4 The following principles should be adhered to in handling cases of pleading guilty and admitting punishment: to implement the criminal policy of combining leniency with severity, to fully consider the social harm of crime and the personal danger of criminal suspects and defendants, and to determine whether or not to be lenient and the range of leniency in combination with the specific circumstances 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. Article 5 When handling a case of pleading guilty and admitting punishment, it shall ensure that the criminal suspect and the defendant get effective legal aid and that they voluntarily know 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. Article 6 The people's courts, people's procuratorates and public security organs shall take the confession and repentance of criminal suspects and defendants as an important factor in considering whether they are socially harmful, and the criminal suspects and defendants who are not socially harmful shall be released on bail pending trial and placed under residential surveillance. Article 7 In handling a case of pleading guilty and admitting punishment, the opinions of the victim and his agent shall be listened to, and 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 shall be taken as an important consideration in sentencing. Article 8 In the course 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, his defender or lawyer 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. Article 9 If a criminal suspect voluntarily and truthfully confesses the suspected criminal facts, and 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, which shall report it to the Supreme People's Procuratorate for approval. Article 10 In the process of examination and prosecution, the people's procuratorate shall inform the criminal suspect of his litigation rights and the possible legal consequences of pleading guilty and admitting punishment, and listen to the opinions of the criminal suspect and his defenders or lawyers on duty on the following matters, and record them and attach them: (1) the alleged charges 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. Article 11 When a people's procuratorate brings a public prosecution to a people's court, it shall specify the defendant's confession and repentance in the indictment, put forward suggestions on sentencing, and collect the defendant's confession and repentance statements and other materials. Sentencing suggestions should generally include principal punishment and supplementary punishment, and clarify the execution mode of punishment. You can put forward a relatively clear range of sentencing, and you can also put forward sentencing suggestions to determine sentencing according to the specific circumstances of the case. If it is suggested to impose a property penalty, a certain amount should generally be proposed. Article 12 After accepting a case that is subject to the expedited procedure, the people's procuratorate shall generally make a decision on whether to initiate a public prosecution within 10 days. If the term of imprisonment may exceed one year, it may be extended to fifteen days. Article 13 If a criminal suspect voluntarily and truthfully confesses the facts of the suspected crime, and has made significant contributions or the case involves the vital interests of the state, with the approval of the Supreme People's Procuratorate, the people's procuratorate may decide not to prosecute, or it may prosecute one or more crimes of the suspected crime. If no prosecution is initiated according to law, it shall be handled according to law. Article 14 If the Supreme People's Procuratorate approves not to prosecute, or the Ministry of Public Security requests to dismiss the case, the people's procuratorate and the public security organ shall investigate the property sealed up, detained or frozen and the ownership of the fruits, and find out whether it belongs to illegal income or other property involved in the case that should be recovered according to law. If an outsider objects to the ownership of the sealed-up, distrained or frozen property and its fruits, it shall be examined. If it is confirmed that the seized, detained or frozen property and its fruits belong to illegal gains, contraband or personal property used to commit crimes, it shall be collected and turned over to the state treasury within 30 days after the case is revoked or the decision not to prosecute is made, except for those returned to the victim according to law. If the seized, detained or frozen property and its fruits cannot be recognized as illegal income or other property involved in the case that should be recovered according to law, it shall not be confiscated. Article 15 When trying a case of confession and punishment, the people's court shall inform the defendant of his litigation rights and the possible legal consequences of confession and punishment, and examine the voluntariness of confession and the authenticity and legality of the confession. Article 16 Cases under the jurisdiction of the basic people's courts that may be sentenced to fixed-term imprisonment of not more than three years have clear facts and sufficient evidence, and the parties concerned have no dispute over the application of the law. If the defendant pleads guilty and agrees to apply the expedited procedure, the expedited procedure can be applied and the judge will try it alone. The delivery period is not limited by the criminal procedure law, and the court will not conduct court investigation or debate, but the defendant's final statement should be heard before sentencing. The people's court shall apply the procedure of speedy adjudication to hear a case, which shall generally be concluded within ten days; If the term of imprisonment may exceed one year, it may be extended to fifteen days. Article 17 The summary procedure shall not apply in any of the following circumstances: (1) The defendant is blind, deaf or dumb; (two) the case is difficult and complicated, or has a significant social impact; (3) * * * Some defendants in the same criminal case have objections to the alleged facts, charges and sentencing suggestions; (four) the defendant and the victim or their agents have not reached a mediation or settlement agreement on matters such as incidental civil compensation; (five) other circumstances that are not suitable for quick adjudication procedures. Article 18 In a case under the jurisdiction of a basic people's court that may be sentenced to fixed-term imprisonment of more than three years, if the defendant pleads guilty and admits punishment, a summary trial may be applied according to law, and the defendant's final statement shall be heard before the verdict is pronounced, and the verdict shall generally be pronounced in court. Article 19 When a people's court applies summary procedure or summary procedure to examine a case of pleading guilty and admitting punishment, it shall be transferred to ordinary procedure for trial under any of the following circumstances: (1) The defendant voluntarily pleads guilty and admits punishment; (2) The defendant denies the alleged criminal facts; (3) Other circumstances in which it is not suitable to apply the expedited procedure or the summary procedure. Article 20 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 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. Article 21 If the people's court considers that the sentencing proposal of the people's procuratorate is obviously inappropriate after trial, or the defendant or defender objects to the sentencing proposal, the people's court may suggest that the people's procuratorate adjust the sentencing proposal. If the people's procuratorate does not agree to adjust the sentencing proposal or the defendant and defender still have objections after the adjustment, the people's court shall make a judgment according to law. Article 22 Whoever pleads guilty and admits punishment without statutory mitigating circumstances shall be given a lighter punishment within the limits of statutory punishment. If the circumstances of the crime are minor and there is no need to be sentenced to punishment, criminal punishment may be exempted according to law. If it is really necessary to impose a sentence below the statutory penalty, it shall be submitted to the Supreme People's Court for approval. Article 23 The people's court of second instance may not hold a hearing in a case where the defendant refuses to accept the judgment of first instance made by applying the expedited procedure. If, after trial, it is found that the facts ascertained in the original judgment and the applicable law are correct and the sentence is appropriate, the appeal shall be rejected and the original judgment upheld; If the original judgment found that the facts were not wrong, but the applicable law was wrong, or the sentence was improper, the judgment shall be revised; If the facts of the original judgment are unclear or the evidence is insufficient, an order shall be made to revoke the original judgment and send it back to the people's court that originally tried the case for retrial by applying ordinary procedures. Twenty-fourth people's courts, people's procuratorates and public security organs in handling cases of confession and punishment, abuse their powers, bending the law, extort confessions by torture, obtain evidence by violence or trade power and money, and indulge criminals. If the case constitutes a crime, criminal responsibility shall be investigated according to law; If it does not constitute a crime, it shall be given administrative sanctions or disciplinary sanctions according to law. Article 25 The provisions of these Measures concerning public security organs shall apply to cases of leniency in confession handled by state security organs according to law. Twenty-sixth for criminal suspects and defendants to plead guilty and repent cases, the provisions of these measures, in accordance with these measures; Where there are no provisions in these Measures, the relevant provisions of the Criminal Law and the Criminal Procedure Law shall apply. Twenty-seventh the relevant provisions of the original pilot scheme for criminal cases can be implemented by reference, except as otherwise provided in these Measures. Article 28 These Measures shall be tried out in Beijing, Tianjin, Shanghai, Chongqing, Shenyang, Dalian, Nanjing, Hangzhou, Fuzhou, Xiamen, Jinan, Qingdao, Zhengzhou, Wuhan, Changsha, Guangzhou, Shenzhen and Xi. Article 29 These Measures shall be effective for two years from the date of promulgation. To sum up, although the confession has not been generally recognized by the national courts and will be dealt with according to the instructions of the Supreme Court, it will also become an effective way for criminals to repent their past actions in terms of current development.