It is also necessary to hire a lawyer to plead guilty and admit punishment, because after pleading guilty and admitting punishment, lawyers can still carry out related legal aid activities. The leniency system based on the defendant's confession and punishment has impacted the traditional defense system and brought great challenges and opportunities to lawyers' practice. Confession and punishment are proposed by lawyers. In the lenient system of pleading guilty, the effective defense of lawyers can ensure the voluntariness of the defendant's confession and strive for the defendant's best interests. But at this stage, the effective participation of lawyers is not sufficient. The reasons include unclear lawyer's role, imperfect system environment, difficult lawyer's defense and increased agency risk. In the future development, it is necessary to introduce strict rules to implement lawyers' participation and require lawyers to improve their coping ability.
How to sentence after pleading guilty?
Those who plead guilty and admit punishment without statutory mitigating circumstances shall be given a lighter punishment within the limits of statutory punishment. If the circumstances of the crime are minor and there is no need to be sentenced to punishment, criminal punishment may be exempted according to law. If it is really necessary to impose a sentence below the statutory penalty, it shall be submitted to the Supreme People's Court for approval.
Article 67 of the Criminal Law stipulates that a person who voluntarily surrenders himself after committing a crime and truthfully confesses his crime is self-surrender. Criminals who surrender themselves may be given a lighter or mitigated punishment. Among them, if the crime is minor, the punishment may be exempted.
If a criminal suspect, defendant or criminal serving a sentence who has taken compulsory measures truthfully confesses other crimes that have not been mastered by the judicial organs, he shall be deemed to have surrendered himself.
Although the criminal suspect does not have the circumstances of surrender as stipulated in the preceding two paragraphs, he can be given a lighter punishment if he truthfully confesses his crime; By truthfully confessing one's crimes, particularly serious consequences are avoided and the punishment can be mitigated.
To sum up, lawyers can defend cases of confession and punishment, and can do a lot of work. The defense lawyer shall comprehensively read the papers, understand the case, and carefully examine whether the facts accused by the criminal suspect and the defendant constitute a crime, and whether the criminal suspect and the defendant voluntarily plead guilty and admit punishment.
Legal basis:
Article 20 1 of the Criminal Procedure Law of People's Republic of China (PRC).
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 pleaded 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.