Conditions of the lenient system of pleading guilty and admitting punishment

Legal analysis: Although the revised Criminal Procedure Law does not clearly stipulate the applicable conditions of the leniency system of confession and punishment, combined with the revised Criminal Procedure Law, the application of the leniency system of confession and punishment should meet the following three conditions: first, the criminal suspect and defendant voluntarily and truthfully confess their crimes and admit the alleged criminal facts; Second, willing to accept punishment and agree to sentencing suggestions; The third is to sign a confession and punishment statement. To sum up, the application of the lenient system of confession and punishment must meet two essential elements, namely "confession" and "confession". At the same time, a formal requirement must be met, that is, signing a "confession statement".

Legal basis: Article 15 of the Criminal Procedure Law of People's Republic of China (PRC), if a criminal suspect or defendant voluntarily confesses his crime truthfully, admits the alleged criminal facts, and is willing to accept punishment, he may be treated leniently according to law.

Article 174 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.

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.

Article 222 In a case under the jurisdiction of a basic people's court that may be sentenced to fixed-term imprisonment of not more than three years, if the facts of the case are clear, the evidence is true and sufficient, and the defendant pleads guilty and agrees to apply the expedited procedure, the expedited procedure may be applied, and the trial shall be conducted by a single judge.

When a people's procuratorate brings a public prosecution, it may suggest that the people's court apply the expedited procedure.