The lenient system of pleading guilty and accepting punishment stipulates that criminal suspects and defendants who voluntarily confess their crimes truthfully and admit the alleged criminal facts and are willing to accept punishment can be treated leniently according to law. If a criminal suspect voluntarily pleads guilty and agrees to apply sentencing suggestions and procedures, he shall sign a confession and repentance book in the presence of a defender or a lawyer on duty; However, if the suspect is blind, deaf or dumb, there is no need to sign a confession and repentance book.
When examining a case, the people's procuratorate must find out:
1, whether the facts and circumstances of the crime are clear, whether the evidence is true and sufficient, and whether the nature of the crime and the determination of the charges are correct;
2, there is no omission of crimes and other people who should be investigated for criminal responsibility;
3, whether it belongs to criminal responsibility should not be investigated;
4. Whether there is an incidental civil action;
5. Whether the investigation activity is legal.
To sum up, the people's procuratorate shall make a decision on the case transferred to the prosecution by the supervisory organ or the public security organ within one month, and the major and complicated case may be extended for fifteen days; If a criminal suspect pleads guilty and admits punishment and meets the applicable conditions of summary procedure, he shall make a decision within ten days, and may be sentenced to fixed-term imprisonment of more than one year, which may be extended to fifteen days.
Legal basis:
Article 15 of the Criminal Procedure Law of People's Republic of China (PRC)
Criminal suspects and defendants who voluntarily and truthfully confess their crimes, admit the alleged criminal facts, and are willing to accept punishment may be dealt with leniently according to law.
Article 174
Procedure of voluntary confession and punishment If a criminal suspect voluntarily pleads guilty and agrees to apply sentencing suggestions and procedures, he shall sign a confession and punishment in the presence of a defender or a lawyer on duty.
If a criminal suspect pleads guilty and admits punishment, it is not necessary to sign a confession and repentance book under any of the following circumstances:
(1) The criminal suspect is a mental patient who is blind, deaf, dumb or has not completely lost the ability to recognize or control his own behavior;
(two) the legal representative or defender of the juvenile criminal suspect has any objection to the juvenile's confession and punishment;
(3) Other circumstances in which it is not necessary to sign a confession and repentance.