What does it mean for the procuratorate to sign a confession and repentance?

The signing of confession and repentance by the procuratorate means that the criminal suspect and the defendant voluntarily and truthfully confess their crimes. Cases that have no objection to the alleged criminal facts and agree with the sentencing opinions of the procuratorate and sign a written statement can be dealt with leniently according to law.

According to the facts of the crime, the degree of harm to society, confession and repentance, the procuratorial organs put forward suggestions for lenient punishment according to law. When making a judgment, the people's court should generally adopt the charges and sentencing suggestions accused by the people's procuratorate, except that the defendant does not constitute a crime, or should not be investigated for criminal responsibility, or plead guilty against his will and deny the alleged criminal facts, or the charges accused are inconsistent with those tried by the people's court, and there are other circumstances that may affect a fair trial.

In the case of confession and punishment, it is necessary to ensure that the combination of leniency and severity is reasonable and well-founded, and to replace the crime with punishment, so as to avoid the two wrong tendencies of one-sided strictness and blind leniency. From the perspective of safeguarding human rights and ensuring judicial justice, the following types of cases are not applicable:

1, criminal suspects and defendants are mental patients who have not completely lost their ability to identify or control their own behavior;

2. The criminal suspect, defendant, his agent and defender of minors have objections to the confession and punishment of minors;

3. The criminal suspect or defendant may not constitute a crime, and there are other inapplicable circumstances. Criminals with bad criminal nature, cruel criminal means and serious social harm must be severely punished according to law if their confession is not enough to be given a lighter punishment.

legal ground

Criminal Procedure Law of the People's Republic of China

Article 173 When examining a case, the people's procuratorate shall interrogate the criminal suspect, listen to the opinions of the defender or the lawyer on duty, the victim and his agent ad litem, and put them on record. If the defender or the lawyer on duty, the victim and his agent ad litem put forward written opinions, they shall attach a volume.

If a criminal suspect pleads guilty and admits punishment, the people's procuratorate shall inform him of his litigation rights and the legal provisions of pleading guilty and admitting punishment, and listen to the opinions of the criminal suspect, defender or lawyer on duty, victim and his litigation agent on the following matters, and put them on record:

(1) Suspected criminal facts, charges and applicable legal provisions;

(2) Suggestions on a lighter, mitigated or exempted punishment;

(3) Procedures applicable to the trial of cases after pleading guilty and admitting punishment;

(four) other matters that need to listen to opinions.

If the people's procuratorate listens to the opinions of the lawyers on duty in accordance with the provisions of the preceding two paragraphs, it shall provide necessary convenience for the lawyers on duty to know the relevant situation of the case in advance.