Since the full implementation of the leniency system for guilty pleas and punishments, the overall operation has been stable, but there are still problems such as uneven application of the system, inconsistent grasp of standards, the quality of cases needs to be further improved, and the connection and cooperation need to be further strengthened. To this end, the author designed some questions on several related aspects that I am concerned about for reference.
Q: Doesn’t the leniency system for pleading guilty and accepting punishment equal to plea bargaining?
Answer: No.
Plea bargaining: Article 15 of my country's Criminal Procedure Law clearly stipulates: "If a criminal suspect or defendant voluntarily and truthfully confesses his crime, admits the alleged criminal facts, and is willing to accept punishment, he may do so in accordance with the law." Leniency. "Articles 81, 125, and 173 of the Law clearly stipulate the impact of confession and punishment on whether to approve the arrest, the reporting obligations of the investigative agency, and other specific operating procedures. To sum up, China's confession and punishment process, as a procedure, emphasizes the inner repentance process of the parties involved. By truthfully confessing all the criminal facts, recognizing the guilty accusations made by the investigative and prosecutorial agencies, and signing a written document with the professional help of a lawyer. A recognizance letter to plead guilty and accept punishment in exchange for a lighter punishment.
Plea bargain: Plea bargain originated in the United States and is an agreement reached between the defendant and the prosecutor under the premise of judicial review. Through the plea bargaining mechanism, the defendant has the opportunity to choose whether to be prosecuted for a lighter charge than the original charge, which is a "charge bargain"; or to be prosecuted for the same crime, but the defendant can receive a reduced sentence, which is a "sentencing bargain"; or to be prosecuted for a reduced sentence. charges, that is, "plea bargaining."
The plea bargaining system draws on the plea bargaining system, but there are significant differences between the two.
Compared with the leniency system of pleading guilty and accepting punishment, the leniency system of pleading guilty and accepting punishment is one-way. It is based on the fact that the public prosecution and judicial organs voluntarily and truthfully confess the crime and admit the alleged criminal facts. "The performance of "will be treated leniently in accordance with the law and has quasi-legal nature. No plea bargaining is allowed and no leniency discretion is abused. Plea bargaining is a two-way process. It is an agreement reached between the prosecution and the defense. It contains the element of "autonomy of will." If one party violates the agreement, the other party can revoke its commitment at the same time.