The bookmark of plea of ??guilty, acceptance of punishment and recognizance is not signed properly.

Legal Analysis

The procuratorate requires the signing of a confession of guilt and punishment, which means that the criminal suspect or defendant voluntarily and truthfully confesses his crime, has no objection to the alleged criminal facts, agrees with the procuratorate’s sentencing opinion, and signs A written closing statement that allows for leniency in accordance with the law. It is best to sign a confession of guilt and punishment, because formally speaking, it is signed in the presence of a lawyer, and the criminal suspect and defendant are fully informed of the relevant litigation interests, which can ensure its voluntariness and truthfulness to the greatest extent. sex. Once signed, it means that the criminal suspect or defendant has unilaterally declared the facts of the crime alleged by the prosecution, and its effect is no less than that of having previously signed a plea agreement and a confession letter. Although the confession letter in the plea agreement can be regarded as guilty Confessions are used, but they still need to be comprehensively determined in conjunction with other evidence.

Legal Basis

Article 210 of the "People's Republic of China" and the National Criminal Procedure Law In cases where the People's Court initiates a public prosecution in accordance with the law, the People's Court shall The procuratorate shall generally adopt the alleged crime and sentencing recommendations, except in the following circumstances: (1) The defendant's behavior does not constitute a crime or should not be held criminally responsible; (2) The defendant has a bad attitude towards admitting guilt and accepting punishment; (3) The defendant has a bad attitude towards pleading guilty and accepting punishment; The person denies the alleged criminal facts; (4) The charges charged in the prosecution are inconsistent with the charges found in the trial; (5) Other circumstances that may affect a fair trial. If the People's Court finds that the sentencing recommendation is obviously inappropriate after trial, 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 obviously inappropriate, the People's Court shall make a judgment in accordance with the law.