(2020) Opinions of the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security, the Ministry of National Security and the Ministry of Justice on several issues concerning standardizing sentencing procedures.
Article 12 After confirming the voluntariness of the defendant's confession, the authenticity and legality of the contents of the confession and repentance, court investigation and court debate are generally not conducted in cases tried by the expedited procedure, but the opinions of the defender and the defendant's final statement should be heard before sentencing.
Cases that are tried by the expedited procedure shall be pronounced in court.
(20 18) Criminal Procedure Law
Article 172 The People's Procuratorate shall make a decision on a case transferred for prosecution by a supervisory organ or a public security organ within one month. For major and complicated cases, it 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.
If the people's procuratorate examines and prosecutes a case and changes its jurisdiction, the time limit for examination and prosecution shall be counted from the date when the changed people's procuratorate receives the case.
Article 173 When examining a case, the people's procuratorate shall interrogate the criminal suspect, listen to the opinions of the defender or the lawyer on duty, the victim and his agent ad litem, and put them on record. If the defender or the lawyer on duty, the victim and his agent ad litem put forward written opinions, they shall attach a volume.
If a criminal suspect pleads guilty and admits punishment, the people's procuratorate shall inform him of his litigation rights and the legal provisions of pleading guilty and admitting punishment, and listen to the opinions of the criminal suspect, defender or lawyer on duty, victim and his litigation agent on the following matters, and put them on record:
(1) Suspected criminal facts, charges and applicable legal provisions;
(2) Suggestions on a lighter, mitigated or exempted punishment;
(3) Procedures applicable to the trial of cases after pleading guilty and admitting punishment;
(four) other matters that need to listen to opinions.
If the people's procuratorate listens to the opinions of the lawyers on duty in accordance with the provisions of the preceding two paragraphs, it shall provide necessary convenience for the lawyers on duty to know the relevant situation of the case in advance.
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 201 When a people's court makes a judgment on a case of pleading guilty and admitting punishment according to law, it shall generally adopt the charges and sentencing suggestions accused by the people's procuratorate, except for the following circumstances:
(a) the defendant's behavior does not constitute a crime or should not be investigated for criminal responsibility;
(2) The defendant pleads guilty against his will;
(3) The defendant denies the alleged criminal facts;
(4) The charges charged in the prosecution are inconsistent with those found in the trial;
(5) Other circumstances that may affect a fair trial.
If the people's court considers that the sentencing proposal is obviously inappropriate after trial, or the defendant or defender raises objections to the sentencing proposal, the people's procuratorate may adjust the sentencing proposal. If the people's procuratorate fails to adjust the sentencing proposal or it is still obviously inappropriate after adjusting the sentencing proposal, the people's court shall make a judgment according to law.
Article 223 In any of the following circumstances, the expedited procedure is not applicable:
(1) The defendant is a mental patient who is blind, deaf, dumb or has not completely lost the ability to recognize or control his own behavior;
(2) The defendant is a minor;
(3) The case has a significant social impact;
(4) * * * Some defendants in the same criminal case have objections to the alleged criminal facts, charges, sentencing suggestions or the application of quick adjudication procedures;
(five) the defendant and the victim or their legal representatives have not reached a mediation or settlement agreement on matters such as incidental civil litigation compensation;
(6) Other cases that are not suitable for the speedy adjudication procedure.