2024年5月19日发(作者：谷歌邮箱登录入口)

认罪认罚从宽制度实务指南

English Answer:

Introduction.

The Criminal Procedure Law of the People's Republic of

China (CPL) was revised in 2012, introducing a new chapter

titled "Guilty Pleas and Leniency". This chapter

establishes a plea bargaining system in China, known as the

"Guilty Pleas and Leniency System" or "Recognition of Guilt

and Punishment Leniency System".

Legal Basis.

The CPL provides the legal basis for the Guilty Pleas

and Leniency System in Article 299. The article states that

"in cases where the facts are clear and the evidence is

sufficient, and the defendant voluntarily pleads guilty and

accepts punishment, the people's court may, based on the

facts of the crime, the nature and circumstances of the

crime, and the defendant's attitude towards confession,

make a lighter or mitigated penalty within the statutory

penalty range."

Procedure.

The Guilty Pleas and Leniency System is a procedural

mechanism that allows defendants to plead guilty to

criminal charges in exchange for a reduced sentence. The

procedure involves the following steps:

1. Voluntary Plea: The defendant must voluntarily plead

guilty to the charges against them. The court will not

accept a guilty plea if it believes that the defendant is

coerced or pressured into pleading guilty.

2. Acceptance of Punishment: The defendant must also

accept the punishment that is offered by the court. The

court will not accept a guilty plea if the defendant does

not agree to the terms of the plea agreement.

3. Court Review: The court will review the defendant's