Put forward the principles that should be adhered to in sentencing suggestions;
1, combining leniency with severity. According to the specific circumstances of the crime, we should comprehensively consider a variety of sentencing circumstances, such as heavier, lighter, mitigated or exempted punishment, and put forward sentencing suggestions, so that the leniency is lenient, the strictness is strict, and the leniency and severity are combined.
2. Suggest according to law. According to the facts, nature and circumstances of the crime and the degree of harm to society, sentencing suggestions should be put forward in accordance with the provisions of the Criminal Law, the Criminal Procedure Law and relevant judicial interpretations.
3, objective and fair. Comprehensively collect and examine the evidence of guilt, innocence, light crime, heavy crime and combining leniency with severity, listen to the opinions of criminal suspects, defendants, defenders or lawyers on duty, victims and their agents ad litem according to law, and objectively and fairly put forward sentencing suggestions.
4, crime and punishment to adapt. When making sentencing suggestions, we should not only show leniency in pleading guilty, but also consider the seriousness of the crimes committed by criminal suspects and defendants, the criminal responsibility they should bear and the social danger, ensure that they are punished as crimes and avoid the imbalance between crime and punishment.
5. Balanced sentencing. In cases where the facts and circumstances of the suspected crime are basically the same, the sentencing suggestions put forward should be basically balanced.
Legal basis:
Guiding opinions of the People's Procuratorate on developing sentencing suggestions (for Trial Implementation).
first
Sentencing suggestions refer to the suggestions made by the people's procuratorate to the people's court on the types, ranges and execution methods of penalties applicable to defendants who file public prosecutions. Sentencing suggestion is an important content of the public prosecution right of procuratorial organs.
Guiding opinions of the People's Procuratorate on developing sentencing suggestions (for Trial Implementation).
essay
The people's procuratorate may put forward suggestions on sentencing in cases where public prosecution is brought to the people's court.