1. What is the probability that a criminal suspect will basically be sentenced to probation if he pleads guilty?
The probability is not great, because not all people who plead guilty and admit punishment are sentenced to probation. Only when certain conditions are met can probation be given. The details are as follows:
Article 72 of the Criminal Law: A criminal sentenced to criminal detention or fixed-term imprisonment of not more than three years may be suspended if he meets the following conditions at the same time. Among them, those who are under 18 years old, pregnant women and those who have reached 75 years old stop sending:
(a) the circumstances of the crime are relatively minor;
(2) showing repentance;
(3) There is no danger of committing a crime again;
(four) the announcement of probation has no significant adverse effects on the community where he lives.
Second, whether a lawyer who pleads guilty can plead not guilty.
A criminal suspect may not plead guilty if he pleads guilty. The duty of defense lawyers in criminal cases is to put forward the defense opinions of the defendant's innocence, light crime, mitigated punishment and exemption from punishment. In the trial procedure of the case, the defendant's confession and lighter punishment belong to the lighter punishment circumstances, and the defense lawyer can defend according to the lighter punishment circumstances.
Legal basis:
1, Criminal Procedure Law of People's Republic of China (PRC).
Article 172
The people's procuratorate shall make a decision on the case transferred for prosecution by the supervisory organ or the public security organ within one month, and the major and complicated cases 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 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.
2. Code of Practice for Lawyers Handling Criminal Cases
Article 5 stipulates that "lawyers, as defenders, shall independently perform their defense duties according to law".
In handling criminal cases, if the criminal suspect has a good attitude of pleading guilty, the court may eventually give him a lighter punishment. However, if you want to be sentenced to probation or even acquitted, you need to entrust your own defense lawyer to handle criminal proceedings.
To sum up, as long as a crime is committed, it will inevitably be punished. Don't always think that age and special status can be alleviated. Probation only means that the suspect pleads guilty before the case is completely solved. Crime is an act severely cracked down by our country, which is extremely bad for undermining social order and national development. So you must not affect yourself because of some minor problems.