18 city intends to criminal penalty of leniency pleaded guilty to avoid spending money to buy punishment commuted Sohu news to the NPC Standing Committee of the Supreme People’s Procuratorate, the highest extracting please "on the authorization in some areas to carry out the pilot work of criminal case pleaded guilty to recognize penalty leniency system decision (Draft)" (hereinafter referred to the draft) of the Supreme People’s Procuratorate, the supreme law, put forward be in Beijing, Tianjin, Shanghai, and other 18 pilot criminal case pleaded guilty to recognize punishment leniency system, the pilot period of two years. The 18 pilot cities were Beijing, Tianjin, Shanghai, Shenyang, Dalian, Nanjing, Hangzhou, Fuzhou, Xiamen, Ji’nan, Qingdao, Chongqing, Zhengzhou, Wuhan, Changsha, Guangzhou, Shenzhen and. These 18 cities is also a criminal trial procedures in the pilot area. In June 2014, the NPC Standing Committee authorized to carry out the pilot program in criminal cases speed cut in some areas, the pilot period of two years, has expired. "The pilot program is to improve the cutting speed, pleaded guilty to advance exploration of recognition pilot punishment leniency system in criminal proceedings, by the Supreme People’s Procuratorate Commission, Supreme Court President Zhou Qiang on behalf of the supreme law draft that said, two years experience in the pilot reform shows that the speed cutting procedures in line with the development law of judicial practice and criminal litigation system in our country, can the guilty penalty leniency system, continue to carry out a pilot in Beijing city in 18, to perfect the criminal legislation, the establishment of the trial centered criminal procedure system, provide more copy can be extended experience. Application of "lenient punishment" has 4 premise the fourth Plenary Session of the 18th CPC Central Committee puts forward perfecting guilty penalty leniency system "in the criminal procedure, the draft system developed in this context, the draft stipulates guilty penalty lenient pilot case is limited to" the criminal suspect or defendant voluntarily for the crimes of their own truthfully, accused of a crime that no objection, agreed to the procuratorate the sentencing suggestion and signed the declaration of the case". That is to say, for "lenient punishment" cases should meet four conditions: the voluntary confession; the accused of a crime that no objection; consent signed affidavit of sentencing recommendations. Compared to clear a dismissal of the case and no prosecution procedures and the current criminal procedure, the draft clearly does not dismiss the case and prosecution, the suspect voluntary confession of the facts alleged crime, there are major meritorious service or in cases involving the great interest of the state, the Ministry of public security or approval of the Supreme People’s Procuratorate, the investigation organ may dismiss the case, do not prosecute procuratorate decision can also be suspected of crime number one or more public prosecution. For the above provisions, Zhou Qiang stressed that the decision not to prosecute or request a dismissal of the case must be approved by the Ministry of public security or the Supreme People’s Procuratorate, is to set up a strict supervision procedures, the people’s court shall advise the general charges and sentencing adopted the people’s Procuratorate accused, but also clear several exceptions. In short, pleaded guilty to penalty after conviction and sentencing, still by the people’s court ruling according to the law, the final jurisdiction still belongs to the people’s court, relationship between the public security organs did not change." "Three years imprisonment" can be had for fast cutting speed cutting process, the application scope of the facts are clear and sufficient evidence, the defendant voluntarily pleaded guilty, then no dispute on the applicable law相关的主题文章: