Legal analysis: 3 working days. When the court is hearing a case, if it is found that the charges in the indictment of the public prosecution agency are wrong, after a trial in accordance with the law, the charges can be changed if the evidence is conclusive.
Legal basis: "Article 210 of the Criminal Procedure Law of the People's Republic of China and the State": In cases of confession and punishment, the People's Court shall make a judgment in accordance with the law and shall generally adopt the charges and sentencing recommendations of the People's Procuratorate. , except for one of the following circumstances:
(1) The defendant’s behavior does not constitute a crime or should not bear criminal responsibility;
(2) The defendant’s attitude of admitting guilt and accepting punishment Bad;
(3) The defendant denies the alleged criminal facts;
(4) The charges charged in the indictment are inconsistent with the charges found at trial;
(5) Other circumstances that may affect a fair trial.
If the people's court finds that the sentencing recommendation is obviously inappropriate, or the defendant or defender raises objections to the sentencing recommendation, the People's Procuratorate may adjust the sentencing recommendation; People's Procuratorate If the procuratorate does not adjust the sentencing recommendation or the sentencing recommendation is still obviously inappropriate after adjustment, the people's court shall make a judgment in accordance with the law.