1. Do I have to have a lawyer to sign the confession?
The signing of confession and repentance must be attended by a lawyer, who can entrust a lawyer by himself or be appointed by the procuratorate as a legal aid lawyer.
Article 174 of the Criminal Procedure Law 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.
Generally, confession and punishment are put forward 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.
Second, what are the main manifestations of the criminal suspect's not pleading guilty?
1. The defendant refused to plead guilty from the day he was arrested, especially in drug cases. In the trial practice, the particularity of one-on-one drug cases leads to conviction and sentencing mainly relying on the unanimous confession of drug buyers and sellers, lacking corresponding physical evidence. The defendant was lucky and unwilling to confess truthfully in an attempt to escape punishment.
The accused confessed truthfully after being arrested, but with the passage of time, he changed his confession and refused to admit the facts of the crime. At the beginning of being arrested, some defendants were forced by the strong pressure of the judicial organs to admit the facts of the crime, but deep down they were unwilling to accept sanctions and resist reform. After the initial panic, the psychological defense line was rebuilt and rebelled against the law.
3. In the crime of * * *, the defendant shirked the details of division of labor and cooperation, and was unwilling to bear the main responsibility. This phenomenon often appears in the trial of robbery and robbery cases. The defendants who committed robbery and robbery cases had a relatively low education level, and most of them were fellow villagers and friends. After the incident, each defendant tried to shift the responsibility to others to reduce his criminal responsibility.
4. There are many flaws in the evidence of the public security organs, which leads to the defendant's voluntary confession in the public security and procuratorial stages. However, when he arrived at the court, he refused to plead guilty after being instructed by the defense lawyer, mainly in rape cases. Because the victim's repeated statements were different from the defendant's confession, the defendant thought in court that it was not rape but adultery.
To sum up, confession and punishment can only be signed if there are laws that can prove the facts of one's crime, and a lawyer must be present when signing. As long as you have a good attitude towards admitting mistakes and take active relief measures, you can also reduce the punishment, so different cases can be handled differently.