Legal basis: "Criminal Procedure Law of the People's Republic of China"
Article 120: When interrogating a criminal suspect, investigators shall first ask the criminal suspect whether he has committed a crime, and then He states the case of guilt or innocence and then questions are asked of him. The criminal suspect shall truthfully answer the investigators' questions. However, we reserve the right to refuse to answer questions that are not relevant to this case.
When interrogating a criminal suspect, investigators should inform the criminal suspect of his litigation rights and the legal provisions that provide for leniency if he truthfully confesses his crime and a lighter punishment if he pleads guilty.
Article 173: When reviewing a case, the People's Procuratorate shall interrogate the criminal suspect, listen to the opinions of the defender or lawyer on duty, the victim and his agent ad litem, and record them in the record. If the defender or lawyer on duty, the victim and his or her litigation agent submit written opinions, they shall be attached to the file.
If a criminal suspect pleads guilty and accepts punishment, the People's Procuratorate shall inform him of his litigation rights and the legal provisions on confession and punishment, and listen to the criminal suspect, defender or lawyer on duty, the victim and his litigation agent on the following matters: Opinions, and recorded in the record:
(1) The alleged criminal facts, charges and applicable legal provisions;
(2) Suggestions on lenient, reduced or exempted punishment;
(3) Procedures applicable to case trials after guilty pleas and punishment;
(4) Other matters requiring hearing of opinions.
When the People's Procuratorate listens to the opinions of the duty lawyer in accordance with the provisions of the preceding two paragraphs, it shall provide necessary convenience for the duty lawyer to understand the relevant circumstances of the case in advance.
Article 174: If a criminal suspect voluntarily pleads guilty and agrees to the application of sentencing recommendations and procedures, he shall sign a confession of guilt and repentance in the presence of a defender or duty lawyer.
If a criminal suspect pleads guilty and accepts punishment, there is no need to sign a confession and repentance letter under any of the following circumstances:
(1) The criminal suspect is blind, deaf, mute or has not completely lost his ability. Mental patients who identify or control their own behavioral abilities;
(2) The legal representative or defender of a minor criminal suspect has objections to the minor's confession and punishment;
( 3) Other situations where signing a confession and repentance letter is not required.