Problems and Countermeasures in the System of Confession and Punishment

Legal analysis: problems: the efficiency of handling cases has not been significantly improved, sentencing guidelines are missing, sentencing experience is insufficient, and lawyers on duty have not played their expected role. Countermeasures: simplify litigation documents, improve the way of appearing in court in the quick adjudication procedure, and improve the role of duty lawyers.

Legal basis: Criminal Procedure Law of People's Republic of China (PRC).

Article 120 When interrogating a criminal suspect, investigators should first ask whether the criminal suspect has committed a crime and let him state his guilt or innocence before asking him questions. A criminal suspect shall truthfully answer the questions of investigators. However, we have the right to refuse to answer questions irrelevant to this case.

When interrogating a criminal suspect, investigators should inform the criminal suspect of his litigation rights and truthfully confess the legal provisions that his crime can be dealt with leniently and pleaded guilty and given a lighter punishment.

Article 176 If a people's procuratorate considers that the criminal facts of a criminal suspect have been ascertained and the evidence is true and sufficient, and criminal responsibility should be investigated according to law, it shall make a decision on prosecution, institute a public prosecution in a people's court in accordance with the provisions on trial jurisdiction, and transfer the case files and evidence to the people's court.

If the criminal suspect pleads guilty and admits punishment, the people's procuratorate shall put forward sentencing suggestions on the main punishment, additional punishment and whether to apply probation. And collect confessions, confession statements and other materials with the case.