What are the consequences of not admitting guilt and accepting punishment in criminal cases?

Criminal cases do not admit guilt and accept punishment, and there will be no mitigating circumstances in sentencing. If you admit the crime and have a good attitude and are willing to accept legal punishment, you may be given lenient consideration at sentencing. If they refuse to admit guilt, leniency will not be considered at sentencing.

But now there is such a saying in the society, confessing leniently, sitting in prison; Resist strictness and go home for the New Year. In other words, if you plead guilty and accept punishment, you will be sentenced, and if you do not admit guilt, the law will not be able to do anything with you, but you can be released and sent home. Admitting guilt refers to criminal suspects or defendants voluntarily and truthfully confessing their own crimes and admitting the facts of the crime as charged.

"Admitting guilt" is essentially "admitting the facts", that is, admitting the facts of the alleged crime, and the facts of the crime here should refer to the main facts of the crime. The criminal suspect or defendant's objection to the individual details of the accusation or the justification of the nature of the conduct does not impact the determination of "admitting guilt". "Confession" can take the form of voluntary surrender, confession, or other forms of expression such as admitting guilt in court.

"Accepting punishment" means being willing to accept punishment. This includes accepting criminal punishments, taking the initiative to return stolen goods and making restitution, actively compensating victims for their losses and reconciling with victims, and paying fines in advance. Where the defendant truthfully confesses his own crimes, is willing to accept punishment, and agrees to the sentencing recommendation but does not agree to apply the expedited procedures or summary procedures, it does not impact the determination of 'accepting punishment'.

It is only in the range of "leniency" that the additional sentencing concession of choosing to apply the expedited procedures is not enjoyed.

Article 174 of the Criminal Procedure Law provides that where criminal suspects voluntarily admit guilt and agree to the sentencing recommendation and the application of procedures, they shall sign a plea affidavit 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 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.

1. What China advocates is that there is no doubt about the guilt, and there will be no criminal record without a court judgment, and the cases that the procuratorate does not prosecute are generally cases in which criminal responsibility can not be pursued or the evidence is insufficient, so there will be no case record. II. Legal basis: In any of the following circumstances provided for in Article 16 of the Criminal Procedure Law, criminal responsibility shall not be pursued, and where it has already been pursued, the case shall be withdrawn, or not prosecuted, or the trial shall be terminated, or acquitted

1) The circumstances are obviously minor and the harm is not great, and it is not considered a crime; (2) The statute of limitations for prosecution has already expired; (3) Exemption from criminal punishment by amnesty order; (4) Crimes that were handled in accordance with the Criminal Law, and there is no accusation or withdrawal of the accusation; (5) The criminal suspect or defendant is deceased; (6) Other laws provide for exemption from criminal responsibility.

Legal Analysis: The consequences of not signing a plea letter are: it may affect the court's discretion on the criminal suspect or defendant's punishment, and under normal circumstances, signing a plea letter may be lenient, but not signing a plea will not increase the sentence, and where the statutory circumstances are met, a plea may not be signed.

Legal basis: "Criminal Procedure Law of the People's Republic of China" Article 174: Where criminal suspects voluntarily admit guilt and agree to the sentencing recommendation and the application of procedures, they shall sign a plea affidavit 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 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.

Legal Analysis: Those who admit guilt and do not admit punishment may be given a lighter punishment after review by the judicial organs, first, the admission of guilt must be in court. Voluntary admission in court is different from other sentencing circumstances, and its main procedural law.

Because the defendant's voluntary admission of guilt in court simplifies the courtroom trial procedures, improves the efficiency of litigation, and saves judicial resources, it is possible to hear the opinions of the prosecution and defense on the verdict and sentencing of the defendant on the basis of the facts ascertained at trial, and make a judgment in accordance with law. It should be noted that where the defendant does not admit guilt during the investigation phase or review for prosecution phase and admits guilt in court, it does not impact the application of the plea sentencing circumstances. Where criminal suspects do not admit guilt in court, and voluntarily admit guilt at the end of trial, it is generally not possible to find that they voluntarily admit guilt at court because trial procedures have not been simplified or judicial resources have been saved.

Second, the degree of guilty plea only requires the criminal suspect to admit the basic facts of the crime as charged.

Due to the limitations of objective conditions, it is generally difficult for criminal suspects to remember the details of the incident very accurately, and some will even raise objections to evidence such as appraisal conclusions, but as long as there are no objections to the basic facts such as the consequences, methods, and targets of the alleged crime, it will not affect the determination of this.

Third, the content of a confession is that as long as the criminal suspect admits the facts of the charge, it is not required to admit the charges charged.

Criminals can admit their mistakes after recognizing their own behavior, and this kind of behavior may be punished lightly in law, and the parties or litigants may also hire a lawyer to define legally, and if the admission of guilt and acceptance of punishment is established in the later stage, the punishment can be reduced or mitigated, and the specific circumstances are based on the actual situation.

Legal basis: "Criminal Procedure Law of the People's Republic of China" 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.

In criminal cases, if you do not admit guilt and admit guilt, there will be no mitigating circumstances in sentencing. If you admit the crime and have a better attitude than the poor pants and are willing to accept legal sanctions, you can be given lenient consideration at sentencing. If they refuse to admit guilt, leniency will not be considered at sentencing.