1. The people's court should adhere to the principle of evidence adjudication when trying cases in which the defendant pleads guilty and admits lenient punishment, 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 criminal facts.
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. The system of pleading guilty and admitting punishment is not applicable.
second, how does the leniency system of pleading guilty in criminal cases protect the litigation rights of criminal suspects?
1. The system of confession and punishment should ensure that criminal suspects and defendants get legal help by setting up a lawyer's duty window.
2. The people's courts and people's procuratorates shall inform the criminal suspects and defendants that they have the right to entrust defenders and apply for legal aid. If there is no defender, the lawyer on duty shall be notified to provide legal aid.
3. If a criminal suspect or defendant refuses the lawyer on duty to provide legal aid, it shall be recorded in the record, but the people's procuratorate shall notify the lawyer on duty to be present when signing the written statement.
4. People's courts and people's procuratorates shall inform criminal suspects and defendants of the lenient system of pleading guilty and admitting punishment and its possible legal consequences, and ensure that criminal suspects and defendants plead guilty and admit punishment on the premise of obtaining effective legal aid.
third, the people's procuratorate suggested that the people's court should apply the lenient system of pleading guilty and admitting punishment. What materials should be transferred with the case?
1. materials for listening to the opinions of defenders or lawyers on duty;
2. The statement signed by the criminal suspect and the materials proving that his defender or lawyer on duty was present when signing the statement;
3. Suggestions on sentencing and applicable legal procedures;
4. Refund of compensation, return of stolen goods, compensation and other relevant evidence;
5. The names, work units and contact information of the defenders and lawyers on duty.
Legal basis:
Article 22 of the Criminal Procedure Law of People's Republic of China (PRC)
All judgments shall be publicly announced. If a verdict is pronounced in court, it shall be served on the parties concerned and the people's procuratorate that initiated the public prosecution within five days; If the sentence is pronounced on a regular basis, it shall be served on the parties concerned and the people's procuratorate that initiated the public prosecution immediately after the announcement. The written judgment shall be served on the defender and the agent ad litem.