If a criminal suspect or defendant pleads guilty and admits punishment with statutory mitigating circumstances, the punishment shall be mitigated according to the nature and circumstances of the crime and the degree of harm to society; If a criminal suspect or defendant pleads guilty and admits punishment, and there is no statutory mitigating circumstance, he shall be given a lighter punishment within the statutory sentencing range.
The first is to clarify the basic principles that should be adhered to in applying the system of guilty plea and punishment. Including carrying out the criminal policy of combining leniency with severity, adhering to the adaptation of crime and punishment, adhering to the evidence judgment, and adhering to the principle of coordination and restriction among the three organs of public security and procuratorial law.
The second is to clarify the scope and conditions of application of the lenient system of confession and punishment. Confession and punishment are applicable to all stages of investigation, prosecution and trial, and can be applied to all criminal cases. However, the application of "can" is not uniform, and whether it is lenient after pleading guilty is decided by the judicial organs according to the specific circumstances of the case.
The third is to clarify the grasp of "leniency". Leniency includes both substantial leniency and procedural simplification. "Can be lenient" means that it should be lenient in general, but not all. We should distinguish the different stages of litigation, find out the value of the facts of the case and the severity of the crime, and comprehensively consider the limit and degree of leniency.
The fourth is to clarify the protection of the right of defense of criminal suspects and defendants and the protection of the rights and interests of victims. In handling a case of pleading guilty and admitting punishment, the criminal suspect and the defendant shall be guaranteed effective legal help, and the opinions of the victims and their agents ad litem shall be listened to. Legal aid institutions can send lawyers on duty in people's courts, people's procuratorates and detention centers. The lawyer on duty may meet with the criminal suspect and the defendant, and may consult the files of the people's procuratorate from the date of examination and prosecution.
The fifth is to clarify the responsibilities of investigation organs and procuratorial organs in pre-trial procedures. It is an important factor to consider whether a criminal suspect or defendant is socially dangerous to plead guilty and admit punishment. The public security organ shall perform the obligation of informing according to law and actively carry out confession education. The people's procuratorate shall listen to the opinions of the criminal suspect, defender or lawyer on duty on the handling of the case, strengthen the voluntary and legal review of the confession and punishment in the investigation stage, and ensure that the criminal suspect signs a written statement on the basis of voluntary confession and punishment.
To sum up, if the criminal himself has pleaded guilty and the case is clear, then the case can be tried directly and the judgment can be announced. If the party concerned is not satisfied with the verdict, he can also directly appeal to the court, and as long as the court meets the requirements, it will accept the request of the party concerned.
Legal basis: According to Article 62 of the Criminal Law, if a criminal has the circumstances of heavier punishment or lighter punishment as stipulated in this Law, he shall be sentenced to punishment within the limits of statutory punishment. Article 63 If a criminal has the circumstances of mitigating punishment as stipulated in this Law, he shall be sentenced to a punishment less than the statutory punishment; If there are several sentencing ranges stipulated in this Law, the penalty shall be imposed within the next sentencing range of the statutory sentencing range.