For criminal cases, when the procuratorate prosecutes, there are usually sentencing suggestions in the indictment. For example, it is recommended to be sentenced to three years in prison, or it is recommended to be sentenced to probation. Then, how much impact will this sentencing proposal of the procuratorate have on the verdict when the court hears the case?
The sentencing suggestion of the procuratorate is the suggestion indicated in the indictment when it brings a lawsuit to the court on the basis of investigation. Just like an indictment in a civil case, it has the right of appeal and suggestion. Since it is a suggestion, literally speaking, the trial can be used as a reference or not. In this respect, it has little influence on conviction and sentencing at trial.
In the division of responsibilities, the procuratorate represents the country in public prosecution, but only plays the role of plaintiff in court. To put it bluntly, in the eyes of the judge, the status is equal to that of the defendant. As they are equal parties, the court can choose to adopt or not to adopt their suggestions. In this regard, the impact of sentencing recommendations is not significant.
The sentencing suggestion of the procuratorate is the suggestion indicated in the indictment when it brings a lawsuit to the court on the basis of investigation. Just like an indictment in a civil case, it has the right of appeal and suggestion. Since it is a suggestion, the trial can be used as a reference or not. In this respect, it has little influence on conviction and sentencing at trial.
Article 61 General Provisions of Criminal Law of People's Republic of China (PRC) When deciding the penalty, it shall be sentenced according to the facts, nature and circumstances of the crime and the degree of harm to society, and in accordance with the relevant provisions of this Law.
Article 63 A criminal with a mitigated punishment shall be sentenced to a punishment less than the statutory punishment if there are mitigating circumstances stipulated in this Law. If there are several sentencing ranges stipulated in this Law, the penalty shall be imposed within the next sentencing range of the statutory sentencing range.
Although criminals do not have mitigating circumstances as stipulated in this Law, according to the special circumstances of the case, with the approval of the Supreme People's Court, they may also be sentenced to a penalty below the statutory penalty.