To implement the lenient system of pleading guilty and admitting punishment, we should distinguish the nature, circumstances and the degree of harm to society according to the specific circumstances of the crime, take the law as the criterion and make judgments strictly according to the evidence.
Any case must have clear facts and sufficient evidence, which is the value goal pursued by the state criminal procedure, and even the system of pleading guilty and recognizing punishment is no exception, that is, the factual basis of the case must be determined without error.
The lenient system of pleading guilty runs through the whole process of criminal proceedings and is applicable to all stages of investigation, prosecution and trial.
There are no restrictions on the applicable crimes and possible punishments, and all criminal cases can be applied. A criminal suspect or defendant shall not be deprived of the opportunity to plead guilty or voluntarily plead guilty for reasons such as minor, serious or special crimes. Whether a criminal suspect or defendant is lenient after pleading guilty shall be decided by the judicial organ according to the specific circumstances of the case.
legal ground
Criminal Procedure Law of the People's Republic of China
Article 173 When examining a case, the people's procuratorate shall interrogate the criminal suspect, listen to the opinions of the defender or the lawyer on duty, the victim and his agent ad litem, and put them on record. If the defender or the lawyer on duty, the victim and his agent ad litem put forward written opinions, they shall attach a volume.
If a criminal suspect pleads guilty and admits punishment, the people's procuratorate shall inform him of his litigation rights and the legal provisions of pleading guilty and admitting punishment, and listen to the opinions of the criminal suspect, defender or lawyer on duty, victim and his litigation agent on the following matters, and put them on record:
(1) Suspected criminal facts, charges and applicable legal provisions;
(2) Suggestions on a lighter, mitigated or exempted punishment;
(3) Procedures applicable to the trial of cases after pleading guilty and admitting punishment;
(four) other matters that need to listen to opinions.
If the people's procuratorate listens to the opinions of the lawyers on duty in accordance with the provisions of the preceding two paragraphs, it shall provide necessary convenience for the lawyers on duty to know the relevant situation of the case in advance.