18 city intends to pilot a new network of criminal cases guilty penalty – leniency system tianbi

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18 city intends to pilot the criminal case pleaded guilty penalty leniency system Beijing – Youth Online August 28 Beijing Xinhua (China Youth Daily? Youth online reporter Wang Yijun) this morning, the Supreme People’s court and the Supreme People’s Procuratorate "on the authorization to carry out criminal cases in some areas of the pilot work that pleaded guilty to the deliberation of the draft decision system of lenient punishment twelve twenty-second meeting of the NPC Standing Committee" (hereinafter referred to as draft), pleaded guilty to criminal cases penalty leniency system intends to Beijing Tianjin Shanghai 18 city pilot, the pilot for a 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 case trial procedure. 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 is 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, the Supreme Court President Zhou Qiang described as a draft said, two years experience in pilot reform shows that the speed cutting procedures in line with the development law of judicial practice and criminal litigation system in our country," it can be incorporated into the guilty penalty from the system, 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. In the fourth Plenary Session of the 18th CPC Central Committee proposed the "guilty penalty leniency system perfect in criminal procedure, the draft is worked out in the background," pleaded guilty to lenient penalty provisions "pilot" is limited to cases of criminal suspects or defendants voluntarily truthfully confessed his crime, for alleged crime that no objection, agreed to procuratorate sentencing recommendations and signed affidavit 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 with the existing 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, approved by the Ministry of public security or the Supreme People’s Procuratorate, the investigation organ may dismiss the case, do the procuratorate decided not to prosecute, also suspected of crimes one or more of a 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." Prior to the criminal speed cutting procedures, the scope of application for the facts are clear, the evidence is sufficient, the defendant voluntarily pleaded guilty to the application of the law does not dispute the theft, dangerous driving and other law may be sentenced to less than one year.相关的主题文章: