The Investigation Report On Lenity Of Pleading Guilty And Accepting Punishment In The People's Procuratorate Of The J District C City

defendants agree to the sentencing proposal proposed by the prosecution;fourthly,criminal suspects and defendants sign the declaration form of pleading guilty and accepting punishment.The second part aims to investigate the current situation about the lenity of pleading guilty and accepting punishment in the People's Procuratorate of the J District,City C.In this part,firstly,the proportion of criminal cases that adapt to the legal system of lenity of pleading guilty and accepting punishment account for 48.1percent,and the application rate is above the national average.It can be confirmed that the pilot project in this city.Secondly,the criminal cases that can be implemented by using the legal system of lenity of pleading guilty and accepting punishment are misdemeanors such as theft,dangerous driving,traffic accidents and fraud.Thirdly,the criterion for sentencing penalties for plea-bargaining cases is usually 10%-20% of the statutory benchmark penalty.Fourthly,the rate of adoption of sentencing recommendations for guilty and convicted cases is relatively high,but there are still some differences compared with the overall average level of the country.Fifthly,The appeal rate of the defendants after the first instance verdict was low,which indicates that the defendants were satisfied with the sentencing by the procuratorial agency and the court's verdict.In the process of implementing the pilot work about the legal system of lenity ofpleading guilty and accepting punishment,there are certain differences in the judicial levels,judicial resources,types of cases,and the number of cases in each pilot areas in the country.Therefore,the characteristics of the problems arising from the pilot work have similarity and peculiarity with each other.This article mainly focuses on the current situation of lenity of pleading guilty and accepting punishment in the People's Procuratorate of the J District,City C,which is targeted,practical and authentic.The content is mainly composed of four parts,which are as follows:In the first part,the article will briefly explain the definition of “pleading guilty”,“accepting punishment” and “lenity” in this legal system and the main four conditions when this system can be implemented.Firstly,Criminal suspects and defendants have to confess their crimes truthfully;secondly,criminal suspects and defendants have no objection to the criminal facts charged by the judiciary;thirdly,criminal suspects andThe forth part aims to put forward the solutions to solve the problems in the legal system of lenity of pleading guilty and accepting punishment in the pilot area of People's procuratorate of the J District,City C.The first is to correctly grasp the standard of proof,while pleading guilty and accepting punishment cases strictly comply with the statutory certification standards,they can be simplified in the evidence investigation procedure.Second solution is to establish a mechanism for the criminal suspects and defendants who have to have rights be notified in order to ensure their litigation rights can be fully used.Thirdly is to increase the participation rate of duty lawyers,and the specific measure is that confirm the time node of the duty lawyer's involvement in the guilty and sanction cases.In other aspects,duty lawyers are allowed to review cases and their duty should be defined.According to the three main measures,the criminal suspects and defendants would get the effective and real legal help.The forth,in the stage of nodal confession,the prosecutors should clear the range of sentencing argument of the criminal suspects and defendants and encourage them make a guilty punishment in time leading to relieve the work pressure of investigation agencies and speed up the conclusion of cases in the legal system of lenity of pleading guilty and accepting punishment.The third part focuses on analyzing the problems of the legal system of lenity ofpleading guilty and accepting punishment in the People's Procuratorate of the J District,City C.On the one hand,this part aims to prove the investigation procedure in the standard,for example,how to grasp the standard of the WeChat evidence.On the other hand,it is hard for the criminal suspects and defendants to get effective legal help.The reasons of the problems are: firstly,duty lawyers cannot give full play in their position,and most of them have few rights to read case files.Secondly,duty lawyers have low participation,and they participate in the process of handling criminal convictions passively.Thirdly,the judgement standard is different in this legal system.In other words,the different perception of different prosecutors might affect the judgement about a same case.The final reason is the short prosecution time in the lenity of pleading guilty and accepting punishment cases.Due to the duty rotation requirement,plenty of cases are accumulated in a certain period of time,the case handlers are arduous and stressful because of a great job.