Legal analysis: it can be defended. The procuratorial organ's point of view is that the sentencing suggestion system is that the public prosecutor, on behalf of the people's procuratorate, puts forward suggestions to the people's court on sentencing the defendant according to the criminal facts and circumstances of the case, and puts forward his own opinions on the types of punishment, the term of imprisonment, the amount of fines and the implementation methods. According to the procuratorial organs, sentencing suggestions improve the fairness and transparency of sentencing judgments, help procuratorial organs make full use of the right of appeal, improve the quality of handling cases, help courts exercise judicial power more effectively, and protect the human rights of defendants. In view of the sentencing suggestion system is a new system implemented by procuratorial organs for procuratorial reform, there are no laws and regulations to follow at present. Therefore, as a defense lawyer, he can only put forward defense opinions on the sentencing suggestions put forward by the prosecution.
Legal basis: Article 63 of the Criminal Law of People's Republic of China (PRC) * * * If a criminal has the mitigating circumstances stipulated in this law, he shall be sentenced to a penalty below the statutory penalty; If there are several sentencing ranges stipulated in this Law, the penalty shall be imposed within the next sentencing range of the statutory sentencing range. Although criminals do not have mitigating circumstances as stipulated in this Law, according to the special circumstances of the case, with the approval of the Supreme People's Court, they may also be sentenced to a penalty below the statutory penalty.