The confession and punishment is signed by the procuratorate, which is a very important document signed by the parties to a criminal case. At this point, the two sides have two states. One is bail pending trial, and people are outside. The supervisory organ calls them to sign, and if they sign, they will not give it to you. The other is that people are in the detention center, and the supervisory organ will deliver the documents to the parties through the document delivery channel.

The confession and repentance is a legal document signed by the procuratorate at the stage of examination and prosecution. The most serious consequence of confession and punishment is imprisonment, which should be handled according to the suggestion of lenient sentencing. The system of pleading guilty is to make the parties repent, achieve certain educational effect and reduce the burden of litigation. The premise of admitting guilt and punishment is that the parties concerned are clear about their own charges, criminal facts and sentencing of procuratorial organs.

If you think you are innocent, don't sign a confession. It is suggested that the facts and legal findings involved in the case should be carefully considered before deciding whether to plead not guilty. Otherwise, it will have a bad influence.

Those who plead guilty and admit punishment meet the applicable conditions of probation may be sentenced to probation. Whether the probation can be suspended depends mainly on the social harmfulness of the behavior and the subjective malignancy of the parties. The confession will contain the recommended sentence. If there is a suggestion of probation, it is likely to be suspended. If not, the probability of probation is low. If a party who has pleaded guilty and admitted punishment thinks that he meets the conditions for being sentenced to probation during the court trial, he may entrust a lawyer to make a request for probation to the court before the court pronounced the sentence. Not pleading guilty is not necessarily not suspended, and many cases of not pleading guilty are suspended by the parties. The circumstances of the parties in these cases are very minor, so even if they don't plead guilty and admit punishment, they can finally be suspended. Whether probation can be given depends mainly on the type of crime and the circumstances of the crime, such as intentional homicide, and probation cannot be given by pleading guilty.

When trying a criminal case, the people's court will examine the voluntariness of the confession and the authenticity and legality of the contents of the confession and the sentence record. If a criminal suspect is forced to plead guilty and admit punishment, the decision to plead guilty and admit punishment may be changed or revoked.

legal ground

Criminal Procedure Law of the People's Republic of China

Article 174 If a criminal suspect voluntarily pleads guilty and agrees to apply sentencing suggestions and procedures, he shall sign a confession and repentance in the presence of a defender or a lawyer on duty. If a criminal suspect pleads guilty and admits punishment, it is not necessary to sign a confession and repentance book under any of the following circumstances:

(1) The criminal suspect is a mental patient who is blind, deaf, dumb or has not completely lost the ability to recognize or control his own behavior;

(two) the legal representative or defender of the juvenile criminal suspect has any objection to the juvenile's confession and punishment;

(3) Other circumstances in which it is not necessary to sign a confession and repentance.

Article 201 When a people's court makes a judgment on a case of pleading guilty and admitting punishment according to law, it shall generally adopt the charges and sentencing suggestions accused by the people's procuratorate, except for the following circumstances:

(a) the defendant's behavior does not constitute a crime or should not be investigated for criminal responsibility;

(2) The defendant pleads guilty against his will;

(3) The defendant denies the alleged criminal facts;

(4) The charges charged in the prosecution are inconsistent with those found in the trial;

(5) Other circumstances that may affect a fair trial.

If the people's court considers that the sentencing proposal is obviously inappropriate after trial, or the defendant or defender raises objections to the sentencing proposal, the people's procuratorate may adjust the sentencing proposal. If the people's procuratorate fails to adjust the sentencing proposal or it is still obviously inappropriate after adjusting the sentencing proposal, the people's court shall make a judgment according to law.

Article 190 When a trial is held, the presiding judge shall ascertain whether the parties are present in court and announce the cause of action. Announce the names of the members, clerks, prosecutors, defenders, agents ad litem, appraisers and translators of the collegial panel; Inform the parties that they have the right to apply for the withdrawal of members of the collegial panel, clerks, public prosecutors, appraisers and translators; Inform the defendant of his right to defense.

If the defendant pleads guilty and admits punishment, the presiding judge shall inform the defendant of his litigation rights and the legal provisions of pleading guilty and admitting punishment, and examine the voluntariness of pleading guilty and admitting punishment and the authenticity and legality of the confession.