In criminal proceedings, court sentencing generally refers to the sentencing recommendations of the procuratorate. The gap between sentencing suggestions and actual sentencing is generally small. Pleading guilty and accepting leniency in punishment means that a criminal suspect or defendant voluntarily confesses his crime truthfully, has no objection to the alleged criminal facts, agrees with the sentencing opinions of the procuratorial organ and signs a written statement, and can be treated leniently according to law. 2065438+0919124 October, the Supreme People's Procuratorate held a press conference with the Supreme People's Court, the Ministry of Public Security, the Ministry of National Security and the Ministry of Justice, * * * issued guidance on the application of the lenient system of pleading guilty, and made specific provisions on the basic principles of the lenient system of pleading guilty and recognizing punishment and the protection of the rights and interests of the parties. Theoretically, as long as the defendant and the procuratorate reach a plea agreement and sign a written statement, at the trial stage, according to the current case data, more than 95% of the cases will be sentenced according to the sentencing suggestions in the written statement. The actual sentence and sentencing recommendations will not be far apart. The reason why sentencing differs from actual sentencing is that judges have discretion. Within the limits of statutory punishment, the judge should decide the final sentencing standard according to the guilty attitude to the crime and the facts of the crime. The range of sentencing is not absolute, and the factors to be considered in the final sentencing will increase.
Legal basis: Article 174 of the Criminal Procedure Law, 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. (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.