First, the relationship between confession and punishment and probation
Confession and punishment is the attitude of the defendant to admit his criminal behavior and accept legal sanctions. In criminal proceedings, the defendant voluntarily pleads guilty and repents, which can show his repentance and contribute to the smooth handling of cases and the resolution of social contradictions. But pleading guilty is not a sufficient condition for obtaining probation, but only one of the factors.
Probation refers to the system that criminals who have been sentenced to a certain penalty are executed unconditionally within a certain period of time. The application of probation needs to meet certain conditions, such as minor crime, penitence, no danger of recidivism, and no significant adverse effects on the community where the probation is declared. Therefore, even if the defendant pleads guilty and admits punishment, if the circumstances of the crime are serious or do not meet other conditions for probation, it may still be impossible to obtain probation.
Second, the factors affecting probation
1. Criminal circumstances: The severity of criminal circumstances is an important factor to judge whether the defendant meets the conditions of probation. If the defendant commits a minor crime, such as a negligent crime or a first-time offense, it is more likely to get a suspended sentence. On the other hand, if the circumstances of the crime are serious, such as intentional crime or recidivism, probation may not be obtained.
2. Performance of repentance: Whether the defendant sincerely repents is also an important factor affecting probation. If the defendant can deeply understand his mistakes, actively compensate the victims for their losses, and show sincere repentance, then the possibility of obtaining probation will increase.
3. Degree of social harm: The degree of social harm of the crime committed by the defendant is also an important basis for judging whether probation is applicable. If the defendant's criminal behavior causes less harm to society and effective measures have been taken to eliminate or mitigate the harmful consequences, then it is more likely to get probation.
Third, the role and responsibility of the procuratorate.
In criminal cases, the procuratorate, as a public prosecution organ, is responsible for prosecuting the defendant and making sentencing suggestions. When making sentencing recommendations, the procuratorate will comprehensively consider the defendant's criminal circumstances, repentance and other factors to judge whether to recommend probation. However, whether to apply probation in the end still needs the court to decide according to the specific circumstances of the case and legal provisions.
To sum up:
Whether the procuratorate can plead guilty and admit punishment or suspend sentence depends on the defendant's criminal circumstances, repentance, social harm and whether it meets the conditions for probation. The procuratorate will consider these factors when making sentencing recommendations, but the final decision is in the court. The defendant should actively show repentance attitude while pleading guilty and punishing, and strive for the opportunity of probation.
Legal basis:
Criminal law of the people's Republic of China
Article 72 provides that:
A criminal sentenced to criminal detention or fixed-term imprisonment of not more than three years may be suspended if he meets the following conditions at the same time, and suspended for people under the age of 18, pregnant women and people who have reached the age of 75:
(a) the circumstances of the crime are relatively minor;
(2) showing repentance;
(3) There is no danger of committing a crime again;
(four) the announcement of probation has no significant adverse effects on the community where he lives.
Criminal Procedure Law of the People's Republic of China
Article 174 stipulates:
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.
Criminal Procedure Law of the People's Republic of China
Article 20 1 stipulates that:
When making a judgment according to law, the people's court shall generally adopt the charges and sentencing suggestions accused by the people's procuratorate, except for the following circumstances:
(a) the defendant's behavior does not constitute a crime or should not be investigated for criminal responsibility;
(2) The defendant pleads guilty against his will;
(3) The defendant denies the alleged criminal facts;
(4) The charges charged in the prosecution are inconsistent with those found in the trial;
(5) Other circumstances that may affect a fair trial.