Author: Lin Lawyer @ Lin Lin Civil and Commercial Economic Case Research
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Answer: It is also possible to have power. According to article 41 of the Guiding Opinions on the Application of the Plea Leniency System of the Two Supreme People's Procuratorates and the Third Ministry of the Supreme People's Procuratorate, it is clearly pointed out that if, after trial, the court finds that the sentencing recommendation is obviously improper, or if the defendant or defender raises objections to the sentencing recommendation and is justified, the court shall inform the procuratorate and the procuratorate will adjust the sentencing recommendation. However, if the court finds that the procuratorate did not adjust the sentencing recommendation or that the adjustment is still obviously improper, the court shall make a judgment in accordance with law.
It can be seen from the above-mentioned legal provisions that if the court finds that the sentencing recommendation is improper, it should inform the procuratorate to make adjustments, and if the adjustment is not made or is still improper after the adjustment, according to the provisions of 40, in the case of not adopting the sentencing recommendation and making a judgment in accordance with law, the court has the obligation to explain the reasons and basis for not adopting the sentencing recommendation.
However, in judicial practice, under normal circumstances, most courts will adopt the procuratorate's sentencing recommendation, but there are also a few cases in which the court can not adopt it, such as the defendant's behavior does not constitute a crime or should not be pursued for criminal responsibility, which is a relatively obvious case of innocence, and the court does not adopt the substantive justice that is also reflected in a certain extent; and if the defendant involuntarily admits guilt and accepts punishment, if the defendant's voluntariness and authenticity of admitting guilt and accepting punishment are in doubt, then this will also directly affect the application of the plea leniency system There are other circumstances, such as the defendant denying the facts of the alleged crime, then the premise of the guilty plea no longer exists, etc.
Regarding the signing of the plea affidavit, in fact, not all plea cases will use the signing of the affidavit as a necessary material, that is, the plea leniency system can also be applied under the premise of not signing. Specifically, this includes situations where the suspect is blind, deaf, mute, or a mentally ill person who has not completely lost the ability to identify or control his or her own conduct, and where the juvenile suspect's legally-designated representative or defender has objections to the admission of guilt and punishment. For this type of case, due to the special nature of the suspect's age, physical condition or mental condition, the application of the system will be appropriately adjusted and tended.
So, what are the more common questions about the application of the plea leniency system?
First of all, in fact, admitting guilt and accepting punishment runs through the entire process of criminal proceedings, and it is more common to sign an affidavit at the stage of the procuratorate's review for prosecution, but in fact, it can be applied at the stage of investigation, review for prosecution and trial.
Second, admitting guilt and accepting punishment is actually not a restriction on the crime or the possible punishment, that is, not a misdemeanor must be applied to the plea of punishment, and the felony must not be applicable. However, whether it is applicable or not will be based on various factors.
For example, in the case of C X suspected of intentional injury, because it failed to reach a settlement agreement with one of the victims or obtain the victim's forgiveness, the procuratorate believed that the confrontation between the two parties was serious and the contradictions were relatively large, and it had not agreed to apply the plea leniency system during the review and prosecution stage.
Finally, the extent to which the plea of guilt and punishment affects sentencing depends not only on whether an affidavit is signed or whether an attitude of admitting guilt and accepting punishment is expressed, but is actually related to the nature of the case, the crime, the stage of admitting guilt and accepting punishment, the degree, the value, the performance of repentance, etc., and the maximum can be reduced by less than 30%.
What is the value of admitting guilt and accepting punishment? This is more common in cases with a large number of people or related cases handled in another case, such as A's admission of guilt and acceptance of punishment, the recognition of its crimes related to part B, and also promotes the further detection of the facts involving B's case or other suspects, then A's admission of guilt and acceptance of punishment can reflect its value, and more consideration will be given in terms of the degree of impact and sentencing range.
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