criminal case
One of them just went to court recently and has come to an end. The process of confession and punishment in this case is quite tortuous, and there are also many problems worth thinking about. Here I'd like to express my views on the system of confession and punishment.
First, the background of the leniency system
In the new era, the people have richer and higher-level needs in democracy and the rule of law, fairness and justice, and security environment. They hope that the judicial policy will keep pace with the times and look forward to long-term social stability.
Judicial authority
The contradiction between a large number of cases and a small number of cases is increasingly prominent. It is necessary to follow judicial laws, optimize the allocation of judicial resources, and promote the diversion of cases. Under this historical background, the CPC Central Committee decided to establish a lenient system of pleading guilty and admitting punishment, which not only focused on improving litigation efficiency and saving judicial resources, but also focused on resolving social contradictions and promoting the reform of criminals. 20 19 1 By August this year, in
supervisory organization
, the people's court,
police
and
Judicial administrative organ
With support and cooperation, the whole country
Oxytocin
Punish severely according to law
criminal offence
At the same time, the lenient system of pleading guilty was applied, and 14 164 17 cases185513 people were concluded, which fully demonstrated the advantages of this system in promoting national governance.
Second, the concept of leniency system of pleading guilty and admitting punishment.
As the name implies, the system of pleading guilty and lenient punishment is a system in which criminal suspects and defendants plead guilty and punish defendants leniently.
For the specific provisions of this system, please refer to the guiding opinions of the Ministry of Public Security, the Ministry of National Security, the Ministry of Justice, the Supreme People's Procuratorate and the Supreme People's Court on the application of the lenient system of pleading guilty.
Third, how to grasp the "confession and punishment"
The promise of "confession"
"Confession" in leniency system,
It means that criminal suspects and defendants voluntarily confess their crimes truthfully and have no objection to the alleged criminal facts. Admitting the main criminal facts of the accusation, only raising objections to individual facts, or defending the nature of the act but accepting the opinions of the judicial organs, does not affect the determination of "guilty plea".
If a criminal suspect or defendant commits several crimes and only truthfully confesses one or part of the criminal facts, the whole case will not be deemed as "guilty plea" and the system of guilty plea and punishment is not applicable. However, for the frank part,
people's procuratorate
Suggestions for a lighter punishment may be made, and the people's court may impose a lighter punishment.
Grasp "recognizing punishment"
"Admit punishment" in the system of pleading guilty and leniency,
It means that criminal suspects and defendants sincerely repent and are willing to accept punishment.
"Admitting Punishment", in
In the investigation stage, he showed his willingness to accept punishment.
; exist
Review and prosecution
The stage performance is to accept the decision of prosecution or non-prosecution made by the people's procuratorate, recognize the sentencing suggestions of the people's procuratorate, and sign a confession and repentance.
; exist
At the trial stage, the court confirmed that he voluntarily signed the statement and was willing to accept it.
punish
Punishment.
Four, related problems encountered in criminal handling.
1, about "
admit one's guilt
"Grasp the problem.
According to the guidance of the Supreme People's Court, the Ministry of Justice of the Ministry of Public Security of the Supreme People's Procuratorate, the "guilty plea" means that the criminal suspect and the defendant voluntarily and truthfully confess their crimes and have no objection to the alleged criminal facts.
Admitting the main criminal facts of the accusation, only raising objections to individual facts, or defending the nature of the act but accepting the opinions of the judicial organs, does not affect the determination of "guilty plea".
However, in the practice of handling cases, the confession of criminal suspects and defendants generally needs to be thoroughly identified. If they have confessed, it means that they have no objection to all the facts of the accusation. If they object, they are likely to be recognized as not guilty by the public prosecution agency, and the statement of confession and punishment will be revoked.
This will inevitably lead to the invalidity of the latter part of the regulations, and also lead to the defendant and the criminal suspect can no longer express their opinions on the controversial part of the case after pleading guilty, depriving them of their reasonable defense rights after pleading guilty.
2. The signing procedure of confession and repentance.
According to the Guiding Opinions of the Ministry of Public Security, the Ministry of National Security and the Ministry of Justice of the Supreme People's Procuratorate Municipality on Applying the System of Pleading Guilty and Accepting Punishment, criminal suspects and defendants voluntarily pleaded guilty and accepted punishment.
If there is no defender, the people's court, the people's procuratorate and the public security organ (detention center) shall notify the lawyer on duty to provide legal advice, suggestions on procedure selection and applications for changing compulsory measures.
therefore
In the investigation stage, if the defendant has entrusted a defender and submitted the entrustment procedures, is it necessary to inform the defender to provide legal aid and witness the signing of the confession and punishment?
In the process of handling this case, the defendant expressed his intention to plead guilty and admit punishment to the defender, and the defender expressed this opinion to the public prosecution agency. However, when the defendant signed the confession, the defender was not informed and did not provide legal assistance at the scene.
As a defender, I learned the news only when I met the client later.
Adopted at the upcoming court session
court
I really saw the confession and repentance signed by the defendant.
It was signed by a local lawyer on duty.
This will inevitably lead to the defender's right to know and
right to defense
It is difficult for the defendant's right to legal help to be effectively guaranteed.
The system is very good and significant. Although some contents need to be improved, it is reasonable on the whole, but it was broken in actual implementation.
If we can combine principle with flexibility, take the principle of safeguarding the legitimate rights and interests of all parties and maintaining social fairness and justice, allow the defendant to object to some controversial facts after pleading guilty, and let the defendant who has entrusted a defender sign the confession with the help of his trusted lawyer, I believe it can be better played.
system
The role of.