1. Can a lawyer plead guilty?
The answer is yes. Even if the criminal suspect or defendant pleads guilty and admits punishment, his right to defense should still be guaranteed, and the defense lawyer can still help the criminal suspect or defendant defend. In the case of confession and punishment, defense lawyers should communicate with criminal suspects and defendants on whether to plead guilty or not, provide legal advice and help, and put forward opinions on conviction and sentencing and the application of litigation procedures to the case-handling organ. At this time, the role of defense lawyers is mainly reflected in the following aspects:
First, defense lawyers should fully understand the wishes of criminal suspects and defendants and ensure their true and voluntary confessions. Defense lawyers believe that the innocence of criminal suspects and defendants or their confessions are formed by threats, enticements, deception, extorting confessions by torture and other illegal means, and should object to the summary criminal procedure and submit written opinions and relevant evidence materials.
Second, defense lawyers should actively apply for bail pending trial and residential surveillance for criminal suspects and defendants, participate in the process of signing written statements by criminal suspects and participate in the reconciliation process with victims and their relatives.
Third, in the stage of examination and prosecution, after fully communicating with criminal suspects and defendants, defense lawyers can put forward sentencing opinions to procuratorial organs with the consent of criminal suspects and defendants. At the trial stage, defense lawyers can express their defense opinions mainly around sentencing issues.
Four, the defense lawyer shall specifically introduce the system of confession and punishment to the criminal suspect and defendant, focusing on the following contents:
(1) A criminal suspect or defendant who is subject to the lenient system of pleading guilty must voluntarily plead guilty, agree with the alleged criminal facts and sentencing suggestions, and sign a written statement;
(2) The leniency system of confession and punishment is applicable to criminal summary procedure, summary procedure and ordinary procedure;
(3) Criminal suspects and defendants have the right to choose procedures and the corresponding legal rights and consequences of choosing different procedures;
(4) Criminal suspects and defendants have the right to defense and other litigation rights according to law, and have the right to obtain effective legal aid;
(5) If the criminal suspect voluntarily and truthfully confesses the suspected criminal facts, has made significant meritorious service or the case involves the vital interests of the state, the investigation organ may dismiss the case with the approval of the Ministry of Public Security submitted by the Supreme People's Procuratorate; During the period of examination and prosecution, with the approval of the Supreme People's Procuratorate, the people's procuratorate may make a decision not to prosecute;
(six) the law does not apply to the system of confession and punishment.
Fifth,
In cases of confession and punishment, defense lawyers should pay special attention to the defense of compulsory measures. During the investigation, examination, prosecution and trial, it should actively put forward the opinion that criminal suspects and defendants are not socially dangerous and should be released on bail pending trial or under residential surveillance.
Second, how to sentence after pleading guilty
Those who plead guilty and admit punishment without statutory mitigating circumstances shall be given a lighter punishment within the limits of statutory punishment. If the circumstances of the crime are minor and there is no need to be sentenced to punishment, criminal punishment may be exempted according to law. If it is really necessary to impose a sentence below the statutory penalty, it shall be submitted to the Supreme People's Court for approval.
Article 67 of the Criminal Law stipulates that a person who voluntarily surrenders himself after committing a crime and truthfully confesses his crime is self-surrender. Criminals who surrender themselves may be given a lighter or mitigated punishment. Among them, if the crime is minor, the punishment may be exempted.
If a criminal suspect, defendant or criminal serving a sentence who has taken compulsory measures truthfully confesses other crimes that have not been mastered by the judicial organs, he shall be deemed to have surrendered himself.
Although the criminal suspect does not have the circumstances of surrender as stipulated in the preceding two paragraphs, he can be given a lighter punishment if he truthfully confesses his crime; By truthfully confessing one's crimes, particularly serious consequences are avoided and the punishment can be mitigated.
To sum up, lawyers can defend cases of confession and punishment, and can do a lot of work. The defense lawyer shall comprehensively read the papers, understand the case, and carefully examine whether the facts accused by the criminal suspect and the defendant constitute a crime, and whether the criminal suspect and the defendant voluntarily plead guilty and admit punishment.