1. How does a lawyer defend himself after pleading guilty?
After pleading guilty and accepting punishment, the lawyer can request leniency in the sentencing circumstances. Leniency means that criminal suspects and defendants who plead guilty and accept punishment should be given a lighter or reduced punishment. If there are statutory mitigating circumstances and the criminal suspect or defendant pleads guilty and accepts punishment, the punishment shall be reduced according to the nature, circumstances and harm to society of the crime; if the criminal suspect or defendant pleads guilty and accepts punishment, but there are no statutory mitigating circumstances, the punishment shall be reduced in statutory sentencing. be given a lighter punishment within the range.
If criminal suspects or defendants truthfully confess their crimes, have no objection to the alleged criminal facts, agree with the sentencing recommendations, and sign a written statement, they may be treated leniently in accordance with the law.
1. Criminal suspects and defendants are mental patients who have not completely lost the ability to identify or control their own behavior;
2. Legal representatives of minor criminal suspects and defendants Or the defender has objections to the minor's confession and punishment;
3. The behavior of the criminal suspect or defendant does not constitute a crime;
4. Other inapplicable circumstances.
The leniency system for pleading guilty and accepting punishment must be used with caution;
1. Cases endangering national security, terrorism cases, and gang-related crimes;
2. Society Cases with serious consequences;
3. Cases in which the criminal suspect or defendant is a repeat offender or commits crime as a career;
4. The criminal suspect or defendant is highly subjective, Cases involving serious personal injury;
5. Other situations in which the frank leniency system should be applied with caution.
Where criminal suspects or defendants plead guilty and accept punishment, the relevant provisions of these Measures shall apply.
2. How to grasp the evidence standards of the system of admitting guilt and accepting punishment?
1. When hearing cases where the defendant pleads guilty and accepts punishment, the people's court should adhere to the principle of evidence-based judgment, ensure that the main criminal facts are clear, and the main evidence is reliable and sufficient, that is, the facts related to the elements of the crime and the main sentencing circumstances. Clear; the main criminal facts are confirmed by relevant evidence, and there are no contradictions or conflicts between the evidence forming the chain.
Pleas of guilt means that criminal suspects and defendants voluntarily and truthfully confess their crimes, have no objection to the main criminal facts and charges charged by the public prosecution, and sign a written statement.
Acknowledgment of punishment means that the criminal suspect or defendant has no objection to the type, range and execution method of the punishment recommended by the procuratorate. Whether they actively return stolen goods, refund compensation, actively pay fines, and actively compensate victims for their losses is also an important criterion for evaluating criminal suspects and defendants' acceptance of punishment.
If the criminal suspect or defendant does not agree to the application of summary procedures or simplified procedures, it will not affect the determination of "acceptance of punishment".
If the specific time, place and details of the crime cannot be ascertained, they can be summarized without affecting the establishment of the criminal facts.
2. When handling cases of confession and punishment, one should strictly grasp whether the main criminal facts are ascertained, whether the main evidence is sufficient, whether there are serious flaws in the evidence, whether there are major contradictions that cannot be ruled out, or whether there may be serious violations of the law. In cases where evidence is obtained through procedures, the guilty plea and punishment system does not apply.
The guilty plea and punishment system should ensure that criminal suspects and defendants receive legal help by setting up lawyers on duty windows.
When handling cases of guilty pleas and punishments, the People's Courts and People's Procuratorates shall inform criminal suspects and defendants of their right to entrust a defender and apply for legal aid in accordance with the provisions of the "Measures". If there is no defender, the duty lawyer should be notified to provide legal assistance.
If a criminal suspect or defendant refuses the legal aid provided by the duty lawyer, it shall be recorded in the record, but the People's Procuratorate shall notify the duty lawyer to be present when signing the statement.
The People's Court and the People's Procuratorate should inform criminal suspects and defendants of the leniency system for pleading guilty and accepting punishment and its possible legal consequences, and ensure that criminal suspects and defendants can plead guilty and accept punishment on the premise of obtaining effective legal aid. .
People's courts and people's procuratorates should verify the voluntariness and legality of criminal suspects and defendants' confessions and repentance, and record them in the record.
In our daily life, whether it is a confession, leniency for confession, or surrender, the punishment can be reduced according to our country's Criminal Procedure Law. These are actually some specific requirements stipulated by the law.