In judicial practice, a complete confession and punishment statement is divided into two parts. The first part generally includes the following contents:
(1) The identity information of the suspect, including the suspect's name, gender, nationality, date of birth, ID number, etc.
(2) The right notification clause, that is, informing the criminal suspect of the relevant provisions of the system of confession and punishment, ensures that the criminal suspect makes a decision of voluntarily pleading guilty, agreeing to sentencing suggestions and agreeing to apply simplified procedures on the basis of knowing and being able to understand his litigation rights.
(3) The content of confession and punishment, that is, stating the specific criminal facts admitted by the criminal suspect, the specific sentencing suggestions accepted by the procuratorate, and the types of procedures applicable to the case.
(4) Sign the declaration voluntarily. That is, the criminal suspect declares that he has read and understood all the contents of the statement, and the act of signing the statement is voluntary. If I signed it knowingly and voluntarily, and I was not influenced by any violence, threats or any other form of illegal influence, or by any drugs, drugs or alcohol substances that might damage my understanding and judgment, it means that the contents of the statement are true, accurate and complete.
(5) the lawyer's statement. Need a lawyer's signature. That is, the lawyer should make it clear that the suspect signed the statement voluntarily.
(6) signature. After the criminal suspect and lawyer confirm the relevant contents of the statement, they shall sign it, and the case-handling organ shall return the file. The bottom line confirms that the suspect made a statement voluntarily, and the case-handling unit received the statement, which was confirmed and signed by the case-handling personnel and handed over to the suspect as a transcript of the statement.
Why should a lawyer be present when signing the affidavit?
In order to ensure the authenticity and legality of the signed written statement, the measures further stipulate that if a criminal suspect voluntarily pleads guilty and agrees to apply sentencing suggestions and procedures, he shall sign a written statement in the presence of a defender or a lawyer on duty, and also stipulate the circumstances in which the system of pleading guilty and recognizing punishment is not applicable.
On the one hand, lawyers can introduce relevant criminal policies and legal provisions to criminal suspects, let them understand relevant legal responsibilities, explain relevant legal procedures, and inform them of various litigation rights. , so that criminal suspects can understand the advantages and disadvantages of choosing to plead guilty and admit punishment, understand the nature and legal consequences of pleading guilty and admit punishment, and make a correct choice; On the other hand, the presence of a lawyer when signing a written statement can ensure that the case-handling activities are carried out according to law, prevent the case-handling personnel from giving unnecessary pressure to the criminal suspect, and ensure the voluntary nature of the criminal suspect's confession and punishment, thus safeguarding the legitimate rights and interests of the criminal suspect and promoting judicial justice.
Legal basis: Article 174th of the Criminal Procedure Law of People's Republic of China (PRC). 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.