"Pleading guilty" in the guarantee leniency system of "Pleading guilty" means that criminal suspects and defendants voluntarily confess their crimes truthfully and have no objection to the alleged criminal facts. Admitting the main criminal facts of the accusation, only raising objections to individual facts, or defending the nature of the act but accepting the opinions of the judicial organs, does not affect the determination of "guilty plea". If a criminal suspect or defendant commits several crimes and only truthfully confesses one or part of the criminal facts, the whole case will not be deemed as "guilty plea" and the lenient punishment system is not applicable. However, the people's procuratorate may suggest a lighter punishment for the part that is truthfully confessed, and the people's court may give a lighter punishment.
Grasp of "Admitting Punishment" The "Admitting Punishment" in the lenient system of pleading guilty means that the criminal suspect and defendant sincerely repent and are willing to accept punishment. "Admitting punishment" means expressing willingness to accept punishment at the investigation stage; In the stage of examination and prosecution, it is manifested in accepting the decision of prosecution or non-prosecution made by the people's procuratorate, recognizing the sentencing suggestions of the people's procuratorate, and signing a confession and repentance book; At the trial stage, the court confirmed that he voluntarily signed the written statement and was willing to accept the punishment.
For defendants who plead guilty and admit punishment, considering the nature of the crime, the severity of the crime, the stage, degree, value and performance of repentance, the benchmark punishment can be reduced by less than 30%; If there are circumstances such as surrender, major confession, restitution, compensation understanding, and criminal reconciliation. The benchmark punishment can be reduced by less than 60%, and if the crime is minor, it can be reduced by more than 60% or exempted from punishment according to law.
Regarding the range of leniency of confession and punishment, early confession and punishment are better than late confession and stable confession and punishment are better than unstable confession and punishment. The earlier and more stable the confession, the greater the lenient punishment.
In the case of pleading guilty and admitting punishment, in addition to lenient sentencing, the handling procedure will also be simplified, so that the defendant can avoid being detained for a long time and get the case result as soon as possible.
I hope the above content can help you. If in doubt, please consult a professional lawyer.
Legal basis:
Article 176th of the Criminal Procedure Law of People's Republic of China (PRC)
If the people's procuratorate believes that the criminal facts of the criminal suspect have been ascertained and the evidence is true and sufficient, and criminal responsibility should be investigated according to law, it shall make a decision to prosecute, file a public prosecution with the people's court in accordance with the provisions of jurisdiction, and transfer the case files and evidence to the people's court.
If the criminal suspect pleads guilty and admits punishment, the people's procuratorate shall put forward sentencing suggestions on the main punishment, additional punishment and whether to apply probation. And collect confessions, confession statements and other materials with the case.