Legal analysis: The leniency system for plea guilty and punishment refers to a system that provides substantive and procedural leniency to criminal suspects and defendants who voluntarily plead guilty and accept punishment.
(1) Determination of guilty plea
"Guilty plea" should be examined from the following two aspects:
1. The guilty plea must be made by the criminal suspect or defendant Voluntarily. The so-called "voluntariness" refers to the subject's independent speech, deeds, or ideological expression based on free will, free from external coercion, threats, deception, and temptation.
2. A confession must be a "truthful confession of one's crime." This is the essential requirement of a confession. To determine that "truthfully confess one's crime", one should follow the provisions of the Criminal Law on surrender and confession, and the "Interpretations of the Supreme People's Court on Several Issues Concerning the Specific Application of Laws in Handling Surrender and Meritorious Service" and "The Supreme People's Court's Several Specific Issues Concerning the Handling of Surrender and Meritorious Service." "Opinions on Issues" "Several Opinions of the Supreme People's Court and the Supreme People's Procuratorate on Handling Cases of Duty-Based Crimes on the Determination of Surrender" "Several Opinions of the Supreme People's Court and the Supreme People's Procuratorate on Handling Duty-Based Crime Cases on Determining Surrender" "Several Opinions of the Supreme People's Court and the Supreme People's Procuratorate on the Determination of Surrender in Criminal Cases" "Several Opinions of the Supreme People's Court and the Supreme People's Procuratorate on the Determination of Surrender in Cases of Duty-Based Crimes" "Several Opinions of the Supreme People's Court and the Supreme People's Procuratorate on the Determination of Surrender in Cases of Duty-Based Crime" The Procuratorate's Opinions on the Determination of Surrender in Cases of Duty-Based Crimes and Opinions on Certain Issues Needed to Grasp the Sentencing Circumstances such as Meritorious Service.
(2) Determination of guilty plea and acceptance of punishment
The Criminal Procedure Law defines "guilty confession" as willingness to accept punishment, which is helpful to eliminate the misunderstanding that leniency for guilty plea and acceptance of punishment does not apply to the investigation stage. It is conducive to encouraging real criminal suspects to plead guilty as early as possible, reducing confrontation, and giving full play to the guiding role of confession and punishment in pre-trial procedures. The guiding role of plea bargaining in pretrial proceedings.
(3) Guarantee of leniency for pleading guilty and accepting punishment
To apply the leniency system for pleading guilty and accepting punishment, there must be two situations of "pledging guilt" and "accepting punishment" at the same time. "Pleading guilty" and not "accepting punishment" ", "admit punishment" and "admit guilt", "admit guilt" and "admit punishment", and "admit punishment" and "admit punishment". Pleading guilty and admitting punishment "not" admitting punishment does not apply to the situation of leniency for pleading guilty and accepting punishment.
1. Pleading guilty and accepting punishment and leniency has become an important principle of procedural law, which means that pleading guilty and accepting punishment has become statutory leniency and sentencing leniency must be given in accordance with the law, not extra-legal leniency for criminal suspects and defendants who plead guilty and accept punishment. Apply statutory and discretionary mitigating circumstances, such as surrender, confession, voluntary confession in court, sincere repentance and acceptance of punishment, understanding and reconciliation, etc., and decide whether to be lenient or lenient in accordance with relevant legal provisions such as the Criminal Law, Criminal Procedure Law, and Sentencing Guidance Opinions. How much, especially the lighter punishment and exemption from punishment must be based on the law
3. Distinguish the circumstances and give appropriate leniency to criminal suspects and defendants who plead guilty and accept punishment based on the facts of the crime. The nature, circumstances and degree of harm to society shall be comprehensively considered and the specific circumstances of the plea and punishment shall be comprehensively considered, and the extent of leniency shall be determined in accordance with the law.
Legal basis: People's Republic of China, National Criminal Procedure Law
p>Article 174: If a criminal suspect voluntarily pleads guilty and agrees to the sentencing recommendations and applicable procedures, he shall sign a confession of guilt and punishment in the presence of a defender or duty lawyer.
If a criminal suspect has any of the following circumstances in which he pleads guilty or accepts punishment, he does not need to sign a confession of guilt and punishment:
(1) The criminal suspect is blind, deaf, mute or has not lost the ability to recognize or control his own behavior Mental patients;
(2) The legal representative or defender of a minor criminal suspect has objections to the minor’s confession and punishment;
(3) Others do not need to sign a confession
Article 176: If the People’s Procuratorate believes that the criminal suspect’s criminal facts have been ascertained, the evidence is reliable and sufficient, and criminal liability should be investigated in accordance with the law, it shall make a decision to prosecute. In accordance with the provisions of trial jurisdiction, a public prosecution is filed with the People's Court and the case file materials and evidence are transferred to the People's Court.
If a criminal suspect pleads guilty and accepts punishment, the People's Procuratorate shall make sentencing recommendations such as the main punishment, additional punishments, and whether probation is applicable, and transfer the confession and punishment and other materials with the case.