Longyan: How can the court be sentenced to confession?

A few days ago, the Longyan Intermediate People's Court of Fujian Province rejected an appeal on an appeal of a non -serving sentence and a fine to maintain the original judgment.

Chen Moumou has been detained and imprisoned for many times for theft. From June to December 2017, in the case of duty rooms, tea shops, and shops, it stole more than 14,000 yuan in property such as mobile phones, leather bags, cash and other property. In October 2018, he was sentenced to 11 months in prison (before the execution of the verdict, the detention one day was discounted and one day) and fined 2,000 yuan. After the release of the sentence, he still repeatedly taught and did not change. From February 2019 and June 2020, he stole mobile phones, tea, and living items. He was sentenced to 10 months in prison and 9 months in prison. In 2021, Chen Moumou was released for the third time. In December, Chen Moumou "re -operated the old industry", while a tea shop was unattended, stole a small brand of small shoulder bags, and later identified the shoulder bag worth more than 7,000 yuan. After Chen Moumou was arrested by the public security organs, he confessed the crime and had no objection to the crime and charges accused by the public prosecutor's organs, but he believed that the identification price of the small -name small shoulder bag it stolen was high.

The court tried that Chen Moumou voluntarily pleaded guilty, but did not agree that the public prosecution agency was sentenced to twelve months of sentencing torture for theft. For those who only confess and do not confess, they should return to standardized torture, combined with their guilty attitude of guilty and court, and believe that there is a certain social harm. On May 31, 2022, the defendant Chen Moumou was convicted of theft in accordance with the law and sentenced to one year in prison for one year and a fine of 4,000 yuan. Chen Moumou did not accept the sentence and fines and appealed.

Judge said:

[Article 15 of the Criminal Procedure Law] The suspect and the defendant voluntarily confess their crimes and truthfully confess their crimes. If they acknowledge the facts of the crime of allegations and are willing to accept punishment, they may be treated in accordance with the law.

The original intention of confession and punishment from the broad system was to ensure the end of the case under the circumstances of the case and the limited judicial resources, promote social harmony, and reduce emotional confrontation. The confession and punishment are essentially the people -centered system, pursuing truly social contradictions, promoting social harmony, and improving the efficiency of judicial cases. The criminal suspect and the defendant strived for a penalty for confession and punishment, instead of bargaining the conviction and punishment, and not allowed judicial power to conduct a bottomless line without principles. In this case, although Chen Moumou pleaded guilty, because he did not confess his penalty, he did not achieve the original intention of saving judicial resources.

Correspondent Chen Lizheng Wang Kaigang

Editor -in -chief Li Darong

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