First, what are the conditions for applying leniency in criminal cases?
If a criminal suspect or defendant truthfully confesses his crime, has no objection to the alleged criminal facts, agrees with the sentencing proposal and signs a written statement, he may be treated leniently according to law.
Second, what circumstances do not apply to the system of confession and punishment?
1, criminal suspects and defendants are mental patients who have not completely lost their ability to identify or control their own behavior;
2. The legal representative or defender of the juvenile criminal suspect or defendant has any objection to the confession and punishment of the juvenile;
3. The behavior of the criminal suspect or defendant does not constitute a crime;
4. Other inapplicable circumstances.
Third, what kind of cases should be used with caution?
1, cases of endangering national security, cases of terrorism, cases involving gangs and evils;
2. Cases with bad social impact;
3. Cases in which the criminal suspect or defendant is a recidivist or takes crime as his profession;
4. Cases in which the criminal suspect or defendant is deeply subjective and has serious personal injury;
5. Other circumstances in which the leniency system should be carefully applied.
4. * * * In the same crime, if some suspects and defendants plead guilty, can the leniency system be applied?
Where a criminal suspect or defendant pleads guilty and admits punishment, the relevant provisions of these Measures shall apply.
5. How to grasp the evidence standard of the lenient system of confession and punishment?
1. When the people's court tries a case in which the defendant pleads guilty and admits punishment with leniency, it should adhere to the principle of evidence adjudication, so that the main criminal facts are clear and the main evidence is really sufficient, that is, the facts related to the constitutive requirements of the crime and the main sentencing circumstances are clear; The main criminal facts are confirmed by relevant evidence, and there is no contradiction or conflict between the evidence that constitutes the chain.
If the specific time, place and details of the crime cannot be ascertained, it can be summarized without affecting the establishment of the facts of the crime.
2. In handling cases of pleading guilty and admitting punishment, we should strictly grasp whether the main criminal facts are ascertained, whether the main evidence is sufficient, whether there are serious defects in the evidence, whether there are major contradictions that cannot be ruled out, or whether there may be serious violations of legal procedures to obtain evidence, and the system of pleading guilty and admitting punishment is not applicable.
6. What are the characteristics of the crime of illegal detention?
(1) The object of this crime is the personal freedom of citizens. The right of personal freedom is the right of citizens to freely control their physical activities according to their own will, and it is a basic right of citizens. Only units authorized by law can deprive citizens of their personal freedom according to law, and no unit or individual can deprive citizens of their personal freedom.
(2) The objective aspects of this crime are as follows:
1, the perpetrator has violated the provisions of laws and regulations;
2. The perpetrator illegally detained and deliberately deprived others of their personal freedom;
3. The actor has the result of illegally depriving others of their personal freedom;
4. The perpetrator illegally deprived others of their personal freedom by means of binding, detention and confinement.
(3) The subject of this crime is the general subject, including two kinds of illegal detention behaviors: those who have no right to exercise detention and those who have the right to exercise detention abuse their powers.
(4) The subjective aspect of this crime is intentional, and negligence does not constitute this crime. That is, the actor knows that his behavior will illegally deprive others of their personal freedom and deliberately do it, and actively pursues the intentional behavior arising from this result.
Legal basis:
Criminal Procedure Law of the People's Republic of China
Fifteenth criminal suspects and defendants voluntarily truthfully confess their crimes, admit the alleged criminal facts, and are willing to accept punishment, which can be dealt with leniently according to law.
174th surrender and lighter punishment procedures. If a criminal suspect voluntarily pleads guilty and agrees to apply sentencing suggestions and procedures, he shall sign a confession and repentance in the presence of a defender or a lawyer on duty. If a criminal suspect pleads guilty and admits punishment, it is not necessary to sign a confession and repentance book under any of the following circumstances:
(1) The criminal suspect is a mental patient who is blind, deaf, dumb or has not completely lost the ability to recognize or control his own behavior;
(two) the legal representative or defender of the juvenile criminal suspect has any objection to the juvenile's confession and punishment;
(3) Other circumstances in which it is not necessary to sign a confession and repentance.