Legal analysis: The final sentencing judgment shall be made by the People’s Court in accordance with the law. However, for cases where the person pleads guilty and accepts punishment, the people's court makes a judgment in accordance with the law and generally adopts the charges and sentencing recommendations of the people's procuratorate.
Legal basis: "Article 210 of the Criminal Procedure Law of the People's Republic of China and the State": In cases of confession and punishment, the People's Court shall make a judgment in accordance with the law, and shall generally adopt the charges and sentencing recommendations of the People's Procuratorate , except for one of the following circumstances: (1) The defendant's behavior does not constitute a crime or criminal responsibility should not be pursued; (2) The defendant pleads guilty and accepts punishment against his will; (3) The defendant denies the accusation and accepts (3) The defendant denies the alleged criminal facts; (4) The charges charged in the indictment are inconsistent with the charges found at trial; (5) There are other circumstances that may affect a fair trial and the People's Court deems the sentencing recommendation to be obvious after trial. If the sentencing recommendation is inappropriate, or the defendant or defender has objections to the sentencing recommendation, the People's Procuratorate may adjust the sentencing recommendation. If the People's Procuratorate does not adjust the sentencing recommendation or the adjusted sentencing recommendation is still clearly inappropriate, the People's Court shall make a judgment in accordance with the law.