Pilot projects for the plea leniency system in criminal cases should ensure that the following work

1. Implement the criminal policy of blending leniency with severity. The implementation of the plea leniency system shall be based on the specific circumstances of the crime, distinguishing the nature and circumstances of the case, and the degree of harm to society, and carrying out differentiated treatment, so that where leniency is given, severity is given to the extent severity, and the punishment is appropriate to the crime. In plea cases where a sentence of up to three years imprisonment might be given, it should be handled as simply, quickly, and leniently as possible in accordance with law, and appropriate handling principles and methods should be explored; For crimes caused by civil conflicts, where criminal suspects or defendants voluntarily admit guilt, sincerely repent of their crimes, obtain forgiveness, and reach a settlement, and have not yet seriously impacted the public's sense of security, the plea leniency system should be actively applied, especially for first-time offenders, occasional offenders, negligent offenders, and juvenile offenders who do not pose much harm to society, and shall generally reflect leniency.

2. Adhere to the principle of proportionality of criminal responsibility and punishment. In handling plea cases, consideration should be given to both the manifestation of plea leniency, as well as the severity of the crime committed, the degree of criminal responsibility for which they should bear, and the degree of personal dangerousness, and submit a sentencing recommendation in accordance with legal provisions, accurately determining the punishment, ensuring that the punishment is appropriate to the crime, and avoiding an imbalance in the crime and punishment.

3. Adhere to the principle of evidence-based adjudication. The handling of plea cases shall be based on the facts, with the law as the measure, and in strict accordance with the requirements of evidence judgments, to comprehensively collect, fix, review, and confirm evidence. Adhere to the legally-prescribed standards of proof, and the conclusion of investigations, initiation of indictments, and the issuance of a guilty verdict shall ensure that the facts of the crime are clear, and the evidence is credible and sufficient, to prevent the criminal suspect or defendant from lowering the evidentiary requirements and standards of proof because they admit guilt.

Where criminal suspects or defendants admit guilt and accept punishment, but the evidence is insufficient and they cannot be found guilty, a decision to withdraw the case, not prosecute, or a not-guilty verdict is to be made in accordance with law.

4. Adhere to the principle of cooperation and restraint of the three organs of the public procuratorate, procuratorate, and law. In handling plea cases, the public, procuratorate, and judicial organs shall divide labor and responsibility, cooperate with each other, and restrain each other, ensuring that suspects and defendants who are suspected of committing crimes voluntarily admit guilt and accept punishment, and advance leniency in accordance with law.

1. Is it better not to sign a plea affidavit when admitting guilt and accepting punishment?

1. It is best not to sign a plea affidavit, because formally speaking, the signing of the "Plea Affidavit" is signed in the presence of a lawyer, and fully informs the criminal suspect or defendant of the relevant interests in the litigation, which can reflect their voluntariness and veracity to the greatest extent. Once signed, it means that the criminal suspect or defendant unilaterally declares and acknowledges the facts of the crime charged by the prosecution, and the effect is no less than the confession record made before. Of course, it cannot be completely ruled out that some criminal suspects and defendants sign "against their will", such as the person who is the top bag in a traffic accident case.

Where they have already signed a "Plea Affidavit" and then repent, although the "Plea Affidavit" of repentance can be used as evidence that they have made a confession of guilt, it still needs to be comprehensively judged in conjunction with other evidence.

2. The plea affidavit needs to indicate the criminal suspect's basic information, the circumstances of the admission of guilt and acceptance of punishment, the charges and applicable provisions, and the procuratorate's recommendation for lenient punishment such as leniency, commutation, or waiver of punishment for the criminal suspect; The procedures to be applied in the trial of a case after admitting guilt and accepting punishment, and other situations where it is necessary to hear opinions.

The system of leniency for those who admit guilt and accept punishment refers to the fact that criminal suspects or defendants who voluntarily admit guilt, truthfully confess their crimes, actively return stolen money, stolen goods, and other relatively good circumstances, may be given a lighter, commuted, or waived punishment at sentencing.

The implementation of this system can promote criminal suspects or defendants who have been indicated to confess their guilt and repentance as soon as possible, improve the efficiency and effectiveness of case handling, and at the same time reduce the negative impact on criminal suspects or defendants and their families.

Admitting guilt refers to a criminal suspect or defendant voluntarily and truthfully confessing his or her own crimes, having no objections to the main facts and charges charged by the public prosecution, and signing an affidavit.

Acceptance of punishment means that the criminal suspect or defendant has no objection to the type and range of punishment recommended by the procuratorate, or the method of enforcing the punishment. Whether or not they actively returned stolen goods or made restitution, took the initiative to pay fines, and actively compensated victims for their losses are also important criteria for assessing criminal suspects or defendants' acceptance of punishment.

Where criminal suspects or defendants do not agree to apply the expedited procedures or summary procedures, it does not impact the determination of 'accepting punishment'.

Leniency refers to the fact that criminal suspects and persons who admit guilt and accept punishment or are accused shall have a mitigated or commuted punishment. Where there are legally-prescribed mitigating circumstances, where the criminal suspect or defendant admits guilt and accepts punishment, the punishment shall be commuted on the basis of the nature of the crime, the integrity of the circumstances, and the degree of harm to society; Where criminal suspects or defendants admit guilt and accept punishment, and there are no legally-prescribed mitigating circumstances, they shall be given a lighter punishment within the legally-prescribed sentencing range.

1. What to do if you do not write a suspended sentence recommendation in sentencing for admitting guilt and accepting punishment.

The fact that the plea leniency recommendation does not include a suspended sentence indicates that the procuratorate believes that the suspect is not suitable for a suspended sentence, so the sentence can only be reduced. Probation is subject to certain conditions. Admitting guilt refers to criminal suspects or defendants voluntarily and truthfully confessing their own crimes, having no objections to the main facts and charges charged by the public prosecution, and signing an affidavit.

Acceptance of punishment means that the criminal suspect or defendant has no objection to the type and range of punishment recommended by the procuratorate, or the method of enforcing the punishment. Whether or not they actively returned stolen goods or made restitution, took the initiative to pay fines, and actively compensated victims for their losses are also important criteria for assessing criminal suspects or defendants' acceptance of punishment. Whether or not a suspended sentence can be given for admitting guilt and accepting punishment also depends on the alleged crime and the circumstances of the crime, and admitting guilt and accepting punishment is only a circumstance for a lighter punishment, and it is not even an important circumstance, and it is mainly determined by the type of crime and the circumstances of the crime.

2. It is best not to sign a plea.

1.Plea leniency refers to cases in which criminal suspects or defendants voluntarily and truthfully confess their own crimes, have no objections to the facts of the crime charged, agree with the procuratorate's sentencing opinion, and sign an affidavit, and may be given a lenient disposition in accordance with law. 2.

Substantively, admitting guilt and accepting punishment can receive "preferential sentencing" to a certain extent. Procedurally, plea cases within the jurisdiction of basic level courts may be tried using the expedited procedures or summary procedures. 3.

Pleas of guilt and acceptance of punishment are best signed.

Legal Analysis: Where criminal suspects or defendants voluntarily and truthfully confess their own crimes, have no objections to the facts of the crime as charged, agree with the sentencing recommendation, and sign an affidavit, they may be given a lenient disposition in accordance with law. Handling plea cases shall ensure that suspects or defendants who commit the crime of false burial receive effective legal assistance, ensuring that they understand the nature and legal consequences of admitting guilt and accepting punishment, and voluntarily admit guilt and accept punishment.

Legal basis: Article 15 of the "Criminal Procedure Law of the People's Republic of China" Criminal Suspects or defendants may be given a lenient disposition in accordance with law where they voluntarily and truthfully confess their own crimes, admit the facts of the crime as charged, and are willing to accept punishment.

The provisions on the plea leniency system are: If the criminal suspect voluntarily admits guilt and agrees to the sentencing recommendation and the application of procedures, a plea affidavit shall be signed in the presence of the defender or duty lawyer; However, where there are circumstances where the criminal suspect is blind, deaf, mute, or otherwise does not need to sign a plea affidavit, it is not required.

Code of Criminal Procedure

Article 15. Where criminal suspects or defendants voluntarily and truthfully confess their own crimes, admit the facts of the crime as charged, and are willing to accept punishment, they may be given a lenient disposition in accordance with law.

Code of Criminal Procedure

Article 174.

Where a suspect who has committed a crime voluntarily admits guilt and agrees to the absence of a sentencing recommendation and the application of procedures, a plea affidavit shall be signed in the presence of the defender or duty lawyer.

In any of the following circumstances, criminal suspects who admit guilt and accept punishment do not need to sign a plea affidavit:

1) The criminal suspect is blind, deaf, or mute, or is a mentally ill person who has not completely lost the ability to recognize or control his or her own behavior;

2) The juvenile criminal suspect's legally-designated person or defender has objections to the juvenile's admission of guilt and acceptance of punishment;

3) Other situations where it is not necessary to sign a plea affidavit.