1. Is it necessary to try a case of confession and punishment by summary procedure?
The case of pleading guilty does not mean that it must be tried by summary procedure.
Criminal Procedure Law of the People's Republic of China
Article 214 A case under the jurisdiction of a basic people's court may be tried by summary procedure if the following conditions are met:
(1) The facts of the case are clear and the evidence is sufficient;
(2) The defendant admits his crime and has no objection to the alleged criminal facts;
(3) The defendant has no objection to the application of summary procedure.
When a people's procuratorate brings a public prosecution, it may suggest that the people's court apply summary procedure.
Article 215 The summary procedure shall not apply in any of the following circumstances:
(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) Having a significant social impact;
(3) * * * Some defendants in the same criminal case plead not guilty or have objections to the application of summary procedure;
(4) Other cases where summary procedure is not applicable.
2. What are the rules for pleading guilty?
Criminal Procedure Law of the People's Republic of China
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 record them. 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.
In fact, the people's court will not directly find a criminal suspect guilty just because he pleads guilty. China's legal system is very clear, and public security organs can't trust confessions in the process of handling cases. Confession is the confession of a criminal suspect, and whether he is guilty or not needs to be judged by other evidence provided by the prosecution.