On the principle of leniency in pleading guilty and admitting punishment

Every province and city has its own system of pleading guilty, admitting punishment and leniency.

Taking Zhangqiu, Jinan as an example, this paper introduces the detailed rules for the implementation of the case of "pleading guilty and admitting punishment with leniency"

In order to handle the cases in which criminal suspects and defendants plead guilty and plead guilty and punish according to law, according to the Measures of the Provincial Court, the Provincial Procuratorate, the Provincial Public Security Department, the Provincial Security Department and the Provincial Department of Justice on the Pilot Work of the System of Pleading Guilty and Admitting Punishment in Criminal Cases in Some Areas (Law [2016] No.386) (hereinafter referred to as the Measures) and "Pleading Guilty and Admitting Punishment in Criminal Cases in Jinan and Qingdao"

Article 1 In handling cases of pleading guilty and admitting punishment, we should follow the basic principles of the Criminal Law and the Criminal Procedure Law, implement a trial-centered criminal procedure system, take facts as the basis, take the law as the criterion, safeguard the defense rights and other rights enjoyed by criminal suspects and defendants in accordance with the law, safeguard the legitimate rights and interests of victims, safeguard public interests, strengthen supervision and control, ensure that innocence is not subject to legal investigation, and that guilt is punished, and ensure judicial justice.

Article 2 The following principles shall be followed in handling cases of confession and punishment:

Adhere to the criminal policy of combining leniency with severity, fully consider the social harm of crime and the personal danger of criminal suspects and defendants, and determine whether to be lenient and lenient in combination with the specific circumstances of pleading guilty and accepting punishment to ensure the handling effect and social effect. "

legal ground

Article 15 of the Criminal Procedure Law of People's Republic of China (PRC) * * * Criminal suspects and defendants who voluntarily and truthfully confess their crimes, admit the alleged criminal facts and are willing to accept punishment may be treated leniently according to law.