On November 2, procuratorate of area of county of another name for Jiangxi Province of city of state of another name for Jiangxi Province is opposite with be suspected of larceny lawfully deserted Xu is such-and-such, such-and-such to sue. This was on October 26 new revise " criminal procedural law " after increasing the provision that reduces an order quickly, this courtyard first applicable fast the public prosecution case that dismisses a program.
On October 31
This case is moved to send procuratorate of area of county of another name for Jiangxi Province to examine sue. Classics undertaker is examined lawfully, this case fact clear, evidence really, sufficient, guilty suspect deserted the guilty fact that such-and-such, Xu Mou accuses some pair and evidence do not have demur, admit his guilt of one's own accord admit punish. In inform guilty suspect right and obligation to reach lawfully admit one's guilt admit punish from wide system, lawfully after interrogatory crime suspect, basis new castigatory " criminal procedural law " regulation, undertaker lawfully applicable fast cut a program into parts to handle this case, in be on duty attendant testimony plays the attorney, guilty suspect deserted some spot signed such-and-such, Xu Mou " admit one's guilt admit punish recognizance book " .
Via examining cognizance fact:
On August 18, 2018, the accused person deserted back door of Ga of Ba Qiao net is in the highway before some comes to such-and-such, Xu Mou to Ou Meilin of county of another name for Jiangxi Province to press down a station, by Xu Mou some is in charge of " keep watch " provide autocycle key, liao Mou the kind that some covers power source to lock up with the key, pilfer gets the injured party Chen Mou opens 2 rounds of the QD350-A that amount to a card autocycle some, via price appraisal: RMB of this autocycle value 22320 yuan.
On November 2
Procuratorate of area of county of another name for Jiangxi Province is opposite lawfully guilty suspect deserted Xu is such-and-such, such-and-such to sue, offer proposal of affirmatory measurement of penalty, do a form with 2 days only this case. In 2 days of time, what this case went a procuratorate is whole examine sue flow, it is profit from admits his guilt admit punish from wide system, also be profit from " catch appeal to depart " to " catch appeal to syncretic " change brings handle a case to send an advantage first.
Admit one's guilt admit punish reach from wide system fast reduce an order, it is the punishment after was being revised on October 26 this year appeals to the two large window in the law, with the punishment before revising case telling a way deals with photograph comparing, this case has many to manage a change in conduction process: The guilty suspect that did not invite paraclete is being examined sued level to obtain be on duty the legal help that the lawyer provides, obtained professional legal opinion; Admit his guilt in person of guilty suspect, the accused recognize punished base, got from wide punishment punishment accuses law proclaimed in writing is affirmatory; Guilty suspect obtained proposal of affirmatory measurement of penalty, to Liao Mou some puts forward applicable set term of imprisonment one year, punish gold 5000 yuan; To Xu Mou some offers month of nine of applicable set term of imprisonment, punish gold proposal of 3000 yuan fine accurate measurement of penalty; Examine sue deadline to shorten, reduced guilty suspect to need careful time; Cognizance deadline shortens, the procuratorate suggests to the court applicable fast reduce an order, applicable fast the restriction that reduces the case of the program not to get service time, can person of service the accused arranged put on record that day sessional, make handle a case efficiency promotes further, judicatory resource configuration is able to optimize further.
Be in especially " catch appeal to syncretic " below new pattern, because major evidence arrests level undertaker to had been examined in approval, already familiar details of a case, had made interrogatory note and report. Accordingly, examining sue level to also need to be examined mainly only new addition evidential material, decreased to read greatly see dossier, repeat typed time, handle a case efficiency is carried substantially fast.
New law is linked
The criminal procedural law after revising made clear criminal case to admit one's guilt admit punish the principle that can leniently treat lawfully, perfected criminal case to admit one's guilt admit punish set from broad program, increased fast reduce an order, strengthened the right safeguard to party.
1, suitable scope
Court of basic level people administer the likelihood sentences 3 years of set term of imprisonments the case of the following penalty, case fact is clear, evidence really, sufficient, the accused person admits his guilt admit to punish and agree applicable fast reduce an order, OK and applicable fast reduce an order.
Guilty suspect admits his guilt of one's own accord, agree with proposal of measurement of penalty of procuratorial work mechanism and program applicable, perhaps ought to be on duty in paraclete the lawyer is signed below present condition admit one's guilt admit punish recognizance book.
People procuratorate is in the accession of to sue, proposal people court is applicable fast reduce an order.
Following case is not applicable fast reduce an order: The accused person is blind, deaf, dumb person, perhaps have not lose the mental patient that identify or controls him behavior capacity completely; The accused person is minor; The case has great society to affect; Person of the accused of the part in collective crime case suggests to the guilty fact of accusation, accusation, measurement of penalty or applicable fast cut a program into parts to disagree; The accused person and the injured party or its are legal agent does not have the item such as compensation of accessary and civil suit to reach mediation to perhaps reconcile of the agreement; Other and unfavorable applicable fast cut a program into parts to try.
2, adjudgement program
Fast dismiss program case by the judge one person holds the post of adjudgement alone.
Applicable fast cut a program into parts to hear a case, do not suffer criminal procedural law to concern the limitation of service deadline, do not undertake judicial investigation, court argues commonly.
Admit to admitting one's guilt punish a case, when people court enters a judgement lawfully, ought to accept the charge that people procuratorate charges and proposal of measurement of penalty commonly, but the except that has following state:
(one) the behavior of the accused person does not form crime to perhaps ought not to investigate its criminal duty;
(2) the accused person violates apiration to admit one's guilt admit punish;
(3) the accused person denies the guilty fact of accusation;
(4) the charge that the accusation that sues accusation and cognizance hold is abhorrent;
(5) the status that other possibility affects fair trial.
3, right safeguard
Criminal procedural law makes clear a regulation, the accused person confesses the guilt that narrates his according to the facts of one's own accord, admit the guilty fact of accusation, be willing to accept punishment, can leniently treat lawfully. When procuratorial work mechanism puts forward measurement of penalty to suggest to people court, can consider its to admit one's guilt admit punish a circumstance, offer the proposal of measurement of penalty from wide punishment lawfully.
Guilty suspect admits his guilt admit punish, the litigant right that people procuratorate ought to inform his to enjoy and admit one's guilt identify punished law to set, listen to guilty suspect, paraclete to perhaps be on duty lawyer, the injured party and its lawsuit agent are right the opinion of following item, and on record:
(one) the guilty fact that be suspected of, accusation and applicable legal provision;
(2) light, reduce or absolve the punishment proposal from wide punishment;
(3) admit one's guilt identify the case after punishing to try applicable program;
(4) the item that other need listens to an opinion.
The final statement opinion of the opinion that people court ought to listen to paraclete before the court decision proclaims and the accused person.
Character: Exhibit Hua Zhaohua why
