1. The sentencing suggestion for pleading guilty is 2 years. Can I apply for probation?
It is important to know that the court will not adopt all the sentencing suggestions in the confession and repentance book, so if the sentencing suggestions are less than 3 years, the lawyer can defend the client's probation. However, probation shall meet the following conditions:
(1) The object of probation must be a criminal sentenced to criminal detention or fixed-term imprisonment of not more than three years. This shows that criminals sentenced to more than three years in prison cannot be suspended. (2) The criminal has committed a minor crime and really shows repentance. The application of probation does not really harm the society and has no significant adverse effect on the community where they live, that is, the court believes that it will not harm the society if they are not detained.
To put it simply, the above two items are indispensable for probation. In addition, the criminal law stipulates that probation is not applicable to recidivists and ringleaders of criminal groups, regardless of the length of their sentences.
Second, what is a request for leniency?
Pleading guilty and accepting leniency in punishment means that a criminal suspect or defendant voluntarily confesses his crime truthfully, has no objection to the alleged criminal facts, agrees with the sentencing opinions of the procuratorial organ and signs a written statement, and can be treated leniently according to law.
Leniency can be divided into entity leniency and program simplification. The defendant may apply the expedited procedure to the trial of a case that is under the jurisdiction of the grass-roots court and may be sentenced to fixed-term imprisonment of less than three years. Summary procedures may be applied to cases under the jurisdiction of grass-roots courts that may be sentenced to more than three years in prison. In the course of the trial, if the defendant objects to the application of this procedure, or there are other circumstances that are not suitable for simplifying the trial, the people's court shall turn it into an ordinary procedure according to law. This is procedural leniency.
In fact, the procuratorial organs put forward suggestions for lenient punishment according to the facts of the crime, the degree of harm to society and the situation of confession and repentance. When making a judgment, the people's courts should generally adopt the charges and sentencing suggestions accused by the people's procuratorates, but the defendant does not constitute a crime, or should not be investigated for criminal responsibility, or plead guilty against his will and deny the accused criminal facts, or the accused charges are inconsistent with those tried by the people's courts, and there are other circumstances that may affect a fair trial.
However, from the perspective of safeguarding human rights and ensuring judicial justice, it does not apply to the following types of cases: one is that criminal suspects and defendants belong to mental patients who have not completely lost their ability to identify or control their own behavior; Second, the juvenile criminal suspect, defendant, his agent and defender have objections to the juvenile's confession and punishment; The third is that criminal suspects and defendants may not constitute a crime, and there are other inappropriate situations.
The sentencing proposal in the confession and repentance book will not be final, so if the sentencing proposal is less than two years and meets the conditions of bail pending trial, lawyers can actively apply for probation. Criminal suspects and their families should also actively cooperate with lawyers to defend probation and strive for a lighter sentence for the parties.