Nandu News Reporter Chen Wencai faced the procurator, and the criminal suspect Chen Mou confessed: "Thank you procurator! I voluntarily pleaded guilty and accepted punishment, and had no objection to the sentencing recommendation made by the procuratorate. "Different from the previous plea work, on the morning of February 24, the Shenzhen Luohu District People's Procuratorate for the first time carried out plea work in the case of Chen Mou and four other people suspected of helping information network criminal activities by combining the plea bond with synchronous audio and video recordings. It is reported that this is also the first case in the city to simultaneously record and video the plea process.
In the interrogation room, procuratorial technicians turn on the equipment and make audio and video recordings of the criminal suspect's plea process.
It is understood that on December 2, 2021, the Supreme People's Procuratorate issued the Provisions on Synchronous Audio and Video Recording of the Opinions of the People's Procuratorates in Handling Plea Cases (hereinafter referred to as the "Provisions on Simultaneous Recording"), which came into effect on March 1, 2022. Article 2 of the Provisions on Simultaneous Recording states that when people's procuratorates handle plea cases, they shall simultaneously record and video the procurators' activities of hearing the opinions of criminal suspects, defendants, defenders, or duty lawyers and signing affidavits around matters such as sentencing recommendations and application of procedures.
According to the Luohu District People's Procuratorate, after the issuance of the "Provisions on The Same Recording", the Luohu District People's Procuratorate attached great importance to it and deployed it quickly, requiring procurators to try the "Provisions on The Same Recording" first and accumulate experience for the normalization of the same recording. Combined with the actual situation and construction needs of the hospital, a total of five sets of synchronous audio and video equipment were configured and installed, and the procuratorial technicians actively cooperated to give technical guidance and on-site demonstration drills.
According to the Luohu District People's Procuratorate, the above-mentioned case is a case of helping information network crime activities, the 4 criminal suspects in the case all admitted guilt and accepted punishment, and due to the epidemic situation, they could not sign the plea affidavit on the spot, and after full communication with the criminal suspect and the defense lawyer, it was decided to admit guilt and accept punishment through remote synchronous audio and video recording.
During this period, the procurator in charge informed the criminal suspect of his rights and obligations in accordance with law, detailed the facts of the crime determined, the charges, the sentencing recommendation, and the application of procedures, and explained the legal consequences of the plea leniency system, voluntary signature or remorse after signing, and so forth. Neither the criminal suspect nor his defense lawyer had any objection to the contents of the conclusion proposed by the procuratorate. In the presence of the defense lawyer, the criminal suspect signed the "Affidavit of Admission of Guilt and Acceptance of Punishment" on the spot.
After listening to the opinions, the technical personnel immediately burn the synchronous audio and video recording process into a CD-ROM and in accordance with the principle of "one case and one disk", hand it over to the undertaker for handling and use, and after the case is completed, the undertaker will file it with the case, so that the entire plea process can be verified and evidenced.
Criminal suspect Chen Mou said that through the simultaneous audio and video recording of admitting guilt and accepting punishment, he felt fairness and justice and felt the procurator's intentions to handle the case. Defense lawyers also said that synchronous audio and video recording work can prevent the possibility of hearing opinions that are irregular and formal, and truly ensure the authenticity and voluntariness of criminal suspects admitting guilt and accepting punishment, reflecting the procuratorial organs' respect for the right to defense, and improving the transparency and credibility of case handling.
The Luohu District People's Procuratorate said that in the next step, the court will continue to implement the "Provisions on The Same Record", protect the procedural rights of criminal suspects and defendants in accordance with the law, ensure the voluntariness, authenticity and legality of admitting guilt and accepting punishment, so that every case can stand the test of time, and let the people feel fairness and justice in every case.