Joke Collection Website - News headlines - Why did the procuratorate return the case file to the public security bureau and then let the suspect sign the confession for punishment?
Why did the procuratorate return the case file to the public security bureau and then let the suspect sign the confession for punishment?
The Guiding Opinions on Applying the System of Pleading and Accepting Punishment with Leniency emphasizes that public security organs should simultaneously carry out the education of pleading guilty and accepting punishment in the investigation stage, but they should not force criminal suspects to plead guilty or make specific leniency commitments. If a criminal suspect voluntarily pleads guilty and is willing to accept the punishment of judicial organs, it shall be recorded and attached.
In handling cases of confession and punishment, we should take facts as the basis, take the law as the criterion, and collect, fix, examine and identify evidence in an all-round way in strict accordance with the requirements of evidence adjudication.
Adhere to the legal standard of proof, the facts of the crime should be clear, the evidence should be true and sufficient, and the evidence requirements and proof standards should not be lowered just because the criminal suspect or defendant pleads guilty. If a criminal suspect or defendant pleads guilty and admits punishment, but the evidence is insufficient to find him guilty, he shall make a decision to dismiss the case, not to prosecute or declare him innocent according to law.
In the investigation stage, the people's procuratorate shall focus on the following contents when examining cases of confession and punishment:
(a) whether the criminal suspect voluntarily pleads guilty and admits punishment, and whether he pleads guilty and admits punishment against his will because of violence, threat or inducement;
(2) Whether the criminal suspect's cognitive ability and mental state are normal when he pleads guilty;
(3) Whether the criminal suspect understands the nature of the confession and the possible legal consequences;
(4) Whether the investigation organ informs the criminal suspect of his litigation rights, truthfully confesses the legal provisions that his crime can be treated leniently and pleaded guilty, and listens to opinions;
(five) whether the prosecution opinion clearly states the confession and punishment of the criminal suspect;
(6) Whether the criminal suspect sincerely repents and apologizes to the victim.
After examination, if the criminal suspect pleads guilty and admits punishment, the people's procuratorate may resume the work of pleading guilty and admitting punishment. Those who extort confessions by torture and other illegal acts of obtaining evidence shall be dealt with according to law.
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