First, can our lawyers plead guilty and plead guilty?
In the case of pleading guilty and admitting punishment, it is necessary to ensure that the criminal suspect and the defendant voluntarily plead guilty and admit punishment. Then, first of all, the parties themselves must be clear about what is the system of confession and punishment, the consequences of signing a written statement, the applicable procedures and other related issues. Defense lawyers can specifically introduce the system of confession and punishment to criminal suspects and defendants, 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.
In addition, to ensure that criminal suspects and defendants voluntarily plead guilty and admit punishment, defense lawyers can know whether criminal suspects and defendants voluntarily plead guilty and admit punishment, whether they have been subjected to violence, threats, inducements and other illegal evidence collection, and provide legal advice and suggestions to criminal suspects and defendants in a timely manner. Objections should be raised to the criminal summary procedure, and written opinions and relevant evidence materials should be submitted.
Finally, according to the law, if a criminal suspect voluntarily pleads guilty and agrees to apply sentencing suggestions and procedures, he should sign a confession and repentance book in the presence of a defender or a lawyer on duty.
Even if the criminal suspect or defendant pleads guilty and admits punishment, the defense lawyer can still help the parties understand the relevant legal provisions of pleading guilty and admitting punishment, and ensure that they voluntarily plead guilty and admit punishment without being subjected to violence or coercion. Defense lawyers can also participate in the consultation between criminal suspects and procuratorial organs on issues such as confession and punishment, selection of litigation procedures, sentencing suggestions, and signing written statements.
Second, what is the system of confession and punishment?
The system of pleading guilty and admitting punishment refers to cases in which criminal suspects and defendants voluntarily confess their crimes truthfully, have no objection to the alleged criminal facts, agree with the sentencing opinions of procuratorial organs and sign a written statement, and can be dealt with leniently according to law.
"Pleading guilty" means that the criminal suspect and the defendant 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".
"Pleading guilty and admitting punishment" means that criminal suspects and defendants sincerely repent and are willing to accept punishment. "Admitting punishment" means expressing willingness to accept punishment at the investigation stage; In the stage of examination and prosecution, it is manifested in accepting the decision of prosecution or non-prosecution made by the people's procuratorate, recognizing the sentencing suggestions of the people's procuratorate, and signing a confession and repentance book; At the trial stage, the court confirmed that he voluntarily signed the written statement and was willing to accept the punishment.
Generally speaking, the system of leniency from confession is not limited by applicable charges and possible penalties, and can be applied to all criminal cases. Criminal suspects and defendants should not be deprived of the opportunity to plead guilty and admit punishment on the grounds of minor, serious or special crimes. However, the application of "can" is not uniform. Whether the criminal suspect or defendant is lenient after pleading guilty is decided by the judicial organs according to the specific circumstances of the case.
The system of confession and punishment in our country is an important system in our criminal procedure. We need to pay attention to the relevant provisions of the system of confession and punishment to avoid not knowing how to apply it.