Things to note when pleading guilty and accepting punishment [Content of case entrustment]

The leniency system for pleading guilty and accepting punishment is a litigation system formally established after the revision of the Criminal Law of the People's Republic of China in 2018. It is an important measure to fully implement the criminal policy of combining leniency with severity and adheres to the principle of commensurate guilt and punishment.

When handling cases of guilty pleas and punishments, we must not only consider the principle of leniency for pleas and punishments, but also consider the seriousness of the crimes committed by the suspects and defendants, their criminal responsibilities and personal dangers, so as to make accurate decisions and ensure that the punishment is worthy of the crime. The "plea" in "please admitting guilt" refers to voluntarily and truthfully confessing one's crime and having no objection to the alleged criminal facts, while "admission to punishment" refers to the willingness to accept punishment on the premise of sincere repentance . "Leniency" means substantive The lenient punishment also includes procedural simplification. The possibility of leniency does not mean that all leniency will be given. For suspects and defendants whose crime nature and harmful consequences are particularly serious, whose criminal methods are particularly cruel, and whose social impact is particularly bad, if pleading guilty and accepting punishment is not enough to give a lighter punishment, they will not be given a leniency in accordance with the law. In terms of penalty evaluation, a stable guilty plea is better than an unstable guilty plea, an active guilty plea is better than a passive guilty plea, an early guilty plea is better than a late guilty plea, and a complete guilty plea is better than an incomplete guilty plea.

The leniency for a person who pleads guilty and accepts punishment should generally be greater than the leniency for a person who only confesses, or who appears to have confessed but does not accept punishment. If a suspect or defendant surrenders, confesses, and at the same time pleads guilty and accepts punishment, a relatively larger leniency shall be given within the legal range.

There will be no repeated evaluations for pleading guilty, accepting punishment, surrendering, and confessing .

In judicial practice, when the public prosecutor handles a plea and punishment case, the defense lawyer is required to be present and sign a plea and punishment agreement. The suspect and defendant voluntarily sign the plea and punishment agreement. Based on the fact that the plea and punishment recognizance document requires the signature of the defense lawyer, when handling relevant cases, the defense lawyer should explain the relevant legal provisions to the suspect and defendant in a comprehensive and detailed manner, and if so, inform the case whether the factual evidence is indeed sufficient and whether the evidence has formed a complete chain of evidence. As well as the legal consequences of pleading guilty and accepting punishment, and forming a written transcript.

If the suspect or defendant signs a confession of guilt and punishment, but then denies the facts of the crime or the main facts during the trial, the admission of guilt and punishment will no longer be used as a basis for leniency. For another example, if the defendant pleads guilty and accepts punishment in court, but after the first-instance verdict, believes that the sentence is too harsh and files an appeal, the procuratorate will generally protest, and the second-instance court will no longer recognize the circumstances of lenient punishment for the guilty plea and acceptance of punishment. Therefore, Faster Lawyer recommends that when meeting suspects and defendants, defense lawyers must clearly explain the criminal facts determined by laws, regulations and evidence, and then let the suspects and defendants decide whether to sign a plea agreement. It is recommended that defense lawyers not make decisions on their behalf to avoid Corresponding practice risks, and at the same time, keep a transcript of the conversation to truthfully record the meeting and signing process. It is recommended to reflect:

• We have clearly informed the suspects and defendants of the legal risks associated with signing a recognizance document.
• Ask whether it is the true expression of one's intention and whether the legal consequences have been fully understood.
• If the above questions are answered in the affirmative, record the conversation and ask for their signature.