1. The legal provisions of sentencing recommendations are based on the principle of leniency for guilty pleas and acceptance of punishment, but the principle of commensurate punishment with guilt and punishment should be adhered to. The right to recommend sentencing is a judicial right to request based on the right to request punishment, and is a subordinate power to the right of public prosecution.
2. Legal basis: "Article 176 of the Criminal Procedure Law of the People's Republic of China"
The People's Procuratorate believes that the criminal suspect's criminal facts have been investigated If the evidence is clear and sufficient, and criminal liability should be pursued according to law, a decision to prosecute shall be made, a public prosecution shall be filed with the People's Court in accordance with the provisions of trial jurisdiction, and the case files and evidence shall be transferred to the People's Court. If the criminal suspect pleads guilty and accepts punishment, the People's Court shall The procuratorate shall make recommendations on the main punishment, additional punishments, and whether suspended sentences should be applied, and transfer the confession and punishment statement, case files and other materials to the people's court.
Article 174
If a person voluntarily pleads guilty and accepts punishment and agrees to the sentencing recommendations and the application of this procedure, he or she shall sign a confession of guilt and punishment in the presence of a defender or a duty lawyer. If the criminal suspect meets any of the following circumstances, he or she does not need to sign a confession of guilt and punishment. Book:
(1) The criminal suspect is blind, deaf, mute or a mental patient who has not completely lost the ability to recognize or control his own behavior;
(2) Juvenile crime The suspect's legal representative or defender has objections to the minor's guilty plea and acceptance of punishment;
(3) The minor pleads guilty and accepts punishment p>(3) Other circumstances where signing a confession of guilt and punishment is not required. .
2. The importance of the procuratorate’s sentencing recommendations
1. In criminal proceedings, the procuratorate’s sentencing recommendations can be used as a reference for the court’s sentencing. It does not mean that the court must follow the procuratorate’s sentencing recommendations. The court exercises judicial power independently without interference from influential organizations and individuals;
2. In judicial practice, the court’s judgment is not much different from that of the procuratorate.
3. If the court's judgment is significantly different from the procuratorate's recommendation, the procuratorate can exercise its power of judicial supervision to lodge a protest, but the final sentencing result will still be determined by the court.