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Chapter II: Case Handling Procedures
Section 1: Investigation Phase
Section 2: Review for Prosecution Phase
Chapter IV: Organization and Coordination
Chapter V: Supplementary Provisions
Guangzhou Municipal Detailed Implementation Regulations for the Pilot Project on the Plea Leniency System for Criminal Cases
These Detailed Implementation Measures are formulated on the basis of the "Criminal Procedure Law of the People's Republic of China", the "Criminal Law of the People's Republic of China", and the "Decision of the Standing Committee of the National People's Congress Authorizing the Supreme People's Court and Supreme People's Procuratorate to Carry out Pilot Projects in Some Cities on the System of Leniency for Those Who Admit Guilt and Accept Punishment in Criminal Cases", and the "Supreme People's Court, Supreme People's Procuratorate, Ministry of Public Security, Ministry of State Security, and Ministry of Justice, on carrying out Pilot Projects in Some Cities on the System of Leniency for Those Who Admit Guilt and Accept Punishment in Criminal Cases", in combination with actual conditions in the city's criminal system, so as to actively carry out the pilot projects on the system of leniency for those who admit guilt and accept punishment in criminal cases.
Article 1: Admitting guilt and accepting punishment in criminal cases refers to a system where the criminal suspects or defendants voluntarily and truthfully confess their own criminal conduct, have no objections to the facts of the crime as charged, agree to the people's procuratorate' sentencing recommendation, and sign an affidavit, they may be given a lenient disposition in accordance with law.
Article 2: "Admit Guilt" refers to the criminal suspects or defendants voluntarily and truthfully confessing their own criminal conduct and having no objections to the facts of the crime as charged.
Where criminal suspects or defendants truthfully confess the main facts of the suspected or charged crimes, and only raise objections to details, or have no objections to the criminal facts and only object to the charge, it does not impact the determination of 'admitting guilt'.
Article 3: "Accept punishment' refers to criminal suspects or defendants agreeing to the people's procuratorate's sentencing recommendation, signing an affidavit, and having no objections to the type, range, and enforcement methods of the penalty recommended by the people's procuratorate.
Where criminal suspects or defendants do not agree to applying the expedited criminal procedures, summary procedures, or simplified ordinary procedures at trial, it does not impact the determination of 'accepting punishment'.
Article 4: "Lenient disposition" refers to lenient disposition in accordance with law, including leniency in compulsory measures, leniency in sentencing, and lenient handling in certain situations; the people's courts, people's procuratorate and investigating organ shall make a criminal suspect or defendant's admission of guilt and acceptance of punishment an important factor in considering their dangerousness to society, and for criminal suspects or defendants where it is found through review that there is no dangerousness to society, the criminal suspect or defendant shall be released on guarantee or given residential surveillance.
Comprehensively consider the criminal suspect or defendant's admission of guilt and acceptance of punishment at different procedural phases, as well as cirumstances such as returning stolen goods, restitution, and criminal reconciliaiton, to determine the size of the scope of leniency.
Withdrawal of cases, non-prosecution, reduction of the charge counts, or sentencing below the legally-prescribed sentencing range, and other lenient dispositions in specific circumstances should be lawfully reported up to the Supreme People's Procuratorate for approval or report up to the Supreme People's Court for examination and approval.
Article 5: The handling of plea leniency cases shall adhere to:
Implementation of the criminal policy of blending leniency with severity. Fully consider the social harm of crime and the personal dangerousness of the criminal suspect or defendant, together with the specific circumstances of admission of guilt and acceptance of punishment, to determine whether or not to be lenient and the scope of leniency, making it so that those who should be treated leniently are, but those who should be treated severely are treated severely, blending leniency with severity to ensure to legal and social efficacy of case handling. The plea leniency system is to be strictly understood and applied prudently for major crimes, serious violent crimes, crimes that seriously undermine public safety, as well as difficult, complicated, or major cases of widespread public concern
Persist in having the penalty suited to the crime. Follow legal provision to submit a sentencing recommendation made on the basis of the facts, nature, circumstances, and consequences of the crime, accurately sentencing, ensuring that the severity of the sentence is commensurate with the criminal conduct committed by the criminal and the responsibility they should bear.
Abide by the rules of evidence-based judgments. Follow provisions of law to comprehensively collect, fix, review, and verify evidence; the criminal suspect or defendant's voluntary admission of guilt and acceptance of punishment must not replace the functions of investigation, review for prosecution, and trial.
Article 6: In any of the following circumstances, plea leniency is not to be applied:
(1) Where a criminal suspect or defendant is a mentally ill person who has not completely lost the ability to recognize or control his or her behavior;
(2) Where a juvenile criminal suspect or defendant's legally-designated representative or defender objects to the juvenile's admitting guilt and accepting punishment;
(3) Where a criminal suspect or defendant has admitted guilt and accepted punishment, but did not have a defender and refused legal assistance;
(4) Where the criminal suspect or defendant's conduct might not constitute a crime.
(5) Others situations where application would be inappropriate.
Article 7: Handling of plea leniency cases shall be strictly in accordance with law and criminal suspects and defendants must not be compelled to admit guilt and accept punishment; prevent the occurrence of innocent persons being forced to admit guilt.
Chapter II: Case Handling Procedures
Section 1: Investigation Phase
Article 8: in accordance with law handling plea leniency cases shall have the facts as their basis and the law as their measures; shall lawfully, promptly, and comprehensively collect and fix evidence materials; and must not violate the legally-prescribed procedures or reduce the standard of evidence.
Plea leniency must not harm the rights and interests of the victims, and pursuit of major criminal conduct must not be abandoned in exchange for the criminal suspects' admission of guilt and acceptance of punishment.
Article 9: When investigating organs conduct initial interrogations or employ compulsory measures, they shall inform the criminal suspect of each procedural right or obligation they enjoy, and give them a written information on the plea leniency system.
Where during the course of investigation, criminal suspects voluntarily admit guilt and accept punishment, they shall shall be informed of the legal consequences consequences that a plea might lead to, the comments of the criminal suspect and his defender or the duty lawyers shall be heard, and this is to be recorded and attached to the case file.
Article 10: In handling of plea leniency cases , a criminal suspect's admission of guilt and acceptance of punishment shall be made an important factor in considering their dangerousness to society. Release on guarantee or residential surveillance shall be employed for criminal suspects who have no public dangerousness.
Article 11: Investigating organs shall promptly collect and fix evidence materials such as the criminal suspect's confession voluntarily admitting guilt and accepting punishment, the criminal suspect's having returned stolen goods and made restitution, made compensation, apologized, as well as having obtained the forgiveness of the victims or their close relatives.
Article 12: Plea leniency cases transferred for review for prosecution shall indicate the situation of the criminal suspect's voluntary admission of guilt and acceptance of punishment in the Opinion in favor of indictment, and affix a blue 'plea leniency case' insignia in the upper right hand corner of the cover of the case file.
Article 13: Where criminal suspects voluntarily and truthfully confess the facts of the crime they are suspected of, have major meritorious contributions or the case involves major national interests, and the case must be withdrawn, the investigating organs are to report this up to the Ministry of Public Security or Ministry of State Security, and the Ministry of Public Security or Ministry of State Security is to request approval from the Supreme People's Procuratorate. Where people's procuratorates investigative departments need to withdraw a case for the reasons above, they should report up to the Supreme People's Procuratorate for approval in accordance with law.
Article 14: Where criminal suspects voluntarily admit guilt and accept punishment but have no defender, the investigating organs shall issue a 'Guangzhou Municipal Notice of Plea Leniency Legal Assistance in a Criminal Case" to notify the legal aid institution. The legal aid institutions are to appoint a duty lawyer to provide the criminal suspects with legal assistance such as legal consultation, selection of procedures, and applications to modify compulsory measures.
Where the requirements for notification of legal aid are met, the investigating organs shall lawfully notify the legal aid institution to appoint a lawyer to provide them a defense.
Article 15: Where duty lawyers meet criminal suspects, they are to bring their lawyers' practice certificate and the "Guangzhou Municipal Notice of Plea Leniency Legal Assistance in a Criminal Case" to the detention center to complete visitation formalities, and after the detention center verifies the legal aid institution's "Official Letter Regarding the Lawyers Providing Legal Assistance in a Plea Leniency Criminal Case" provided by the legal aid institution, they will arrange a meeting for the duty lawyers.
The same resident duty lawyer must not provide legal assistance to criminal suspects in the same plea leniency case, or to those who are not in the same case, but whose crimes are connected.
Article 16: Where criminal suspects expresses a voluntary admission of guilt and acceptance of punishment to detention center personnel, defenders, or duty lawyers, the relevant personnel shall issue a "Notice of criminal suspect's (defendant's) Voluntary Admission of Guilt and Acceptance of Punishment" and notify the investigating organ. After investigating organs receive notice, they shall promptly carry out interrogation.
Section 2: Review for Prosecution Phase
Article 17: After cases are transferred for review for prosecution, the people's procuratorate shall inform the criminal suspect of the procedural rights they enjoy and of the legal consequences that admitting guilt and accepting punishment might lead to, the informing of rights shall be conducted within three days of receiving the materials for review for prosecution; information on the legal consequences that admitting guilt and accepting punishment might lead to may done after preliminary commenting on the case under review, and in cases of slight crimes using the expedited criminal procedures, it may also be done together with giving information on rights.
Article 18: Where criminal suspects voluntarily admit guilt and accept punishment but have no defender, the people's procuratorates shall issue a 'Guangzhou Municipal Notice of Plea Leniency Legal Assistance in a Criminal Case" to notify the legal aid institution. The legal aid institutions are to appoint a duty lawyer to provide the criminal suspects with legal assistance such as legal consultation, selection of procedures, and applications to modify compulsory measures. The people's procuratorates shall inform criminal suspects that they have the right to apply for legal aid. Where the requirements requiring notification of legal aid are met, lawfully notify the legal aid institution to appoint a lawyer to provide them a defense.
Article 19: The people's procuratorates shall hear the comments of the criminal suspect and his defender or the duty lawyer on the following matters, and record and attach this to the case file:
(1) The charged crime and the legal provisions applied;
(2) Recommendations for lenient punishment, such as mitigation, commutation, or exemption from punishment;
(3) The procedures applied at trial following the admission of guilt and acceptance of punishment;
(4) Other circumstances where opinions need to be heard.
Article 20: Where criminal suspects voluntarily admit guilt and accept punishment, the people's procuratorate shall present evidence to the defender or duty lawyer, and record this in the case file.
Article 21: Where criminal suspects, and their defenders or duty lawyers, reach an consensus opinion with the people's procuratorate regarding the sentencing recommendations, the defenders or duty lawyers shall sign as authenticating witnesses when the criminal suspects sign the affidavit.
Article 22: Handling of plea leniency cases shall hear the opinions of the victims and their representatives, and make whether the criminal suspect or defendant has reached a settlement agreement with victims or compensated victims' losses and obtained victims' forgiveness, an important factor in considering the proposal of a sentencing recommendation.
Article 23: People's procuratorates shall actively conduct an assessment of the need to detain criminal suspects who have signed a plea affidavit, and give feedback on the assessment opinion to the criminal enforcement procuratoratorial departments for that procuratorate. The people's procuratorate's criminal enforcement department shall promptly file the case and make a decision on whether or not to modify the compulsory measures.
Article 24: In cases of joint crimes, where only some of the suspects voluntarily admit guilt and accept punishment, the plea leniency system may be applied to those criminal suspects.
Article 25: Where people's procuratorates submit an indictment to the people's court, they shall clearly indicate circumstances of defendant's admitting guilt and accepting punishment in the indictment, submit a sentencing recommendation, and simultaneously transfer the defendant's written affidavit, the list of evidence, and other materials.
Sentencing recommendations shall ordinarily include principle punishments and supplementary punishments, and indicate the means of enforcing the penalty. The people's procuratorates may submit a relatively explicit sentencing range, or a fixed sentencing recommendation may be submitted on the basis of the specific case circumstances. Where punishments against property are given, a relatively definite range of amounts shall usually be given on the basis of the case circumstances, or a definite amount may be proposed.
Article 26: Where criminal suspects voluntarily and truthfully confess the facts of the crime they are suspected of, have major meritorious contribution or the case involves major national interests, then upon approval from the Supreme People's Procuratorate, people's procuratorates may make a non-prosecution decision, even though they do not have legally-prescribed circumstances for a non-prosecution, and may also submit a prosecution on one or more of the alleged crimes.
Where there are legally prescribed circumstances for non-prosecution, handle it in accordance with the legal provisions.
Article 27: Where, in accordance with article 12 and 26 of these Detailed Implementation Rules, a report is made up to the Supreme People's Procuratorate for approval of non-prosecution, or the case is withdrawn upon a request to the Supreme People's Procuratorate, the people's procuratorates and public security organs shall investigate property that has been sealed, seized or frozen, and its yields, to determine ownership, and whether it is unlawful gains, or shall be lawfully disgorged; and where person not involved in the case raise objections to the ownership of the sealed, seized, or frozen property, and its yields, this shall be reviewed.
Assets which have been sealed, seized or frozen, or their yields, that are confirmed to be unlawful gains, contraband,or personal property used in the commission of the crime, shall be uniformly handed over and placed in the national treasury within 30 days of the case being withdrawn or a non-prosecution decision being made, except for those that are lawfully returned to the victims. Sealed, seized, or frozen property, and its yields, that cannot be confirmed are unlawful gains or other property involved in the case that should be disgorged, must not be collected.
In cases where the people's procuratorate decides not to prosecute, it shall, at the same time, release any property that it has sealed, seized or frozen. Where the person not being prosecuted needs to have unlawful gains confiscated, the people's procuratorate shall submit a procruatatorial opinion and send it to be handled by the relevant organ. The relevant organ shall promptly notify the people's procuratorate of the outcome of the handling.
Where a decision not to prosecute, or to withdraw a case is made in accordance with legal provisions, handle it with reference to the provisions above.
Article 28: In plea leniency cases where the sentencing recommendation is for up to three years imprisonment, trial may be conducted applying the expedited criminal procedures with the consent of the defendants, where the sentencing recommendation is for three years or more imprisonment, the summary procedures may be applied at trial with the consent of the defendants.
In plea leniency cases applying the expedited or summary criminal procedures, the case shall usually be accepted that day, and a copy of the indictment and other legal documents shall be served upon the defendant within two days, and with formalities for change of custody being completed, and the case transferred to the trial court.
In plea leniency cases applying the ordinary procedures, the case shall usually be accepted within 2 days, and a copy of the indictment and other legal documents shall be served upon the defendant within three days, and with formalities for change of custody being completed, and the case transferred to the trial court.
Article 29: In plea leniency cases where the municipal-level people's procuratorate initiates a public prosecution, the intermediate municipal people's court shall usually accept it, and where the charges, amounts, and circumstances meet the standards of acceptance by level 1 municipal courts, the intermediate municipal people's court must not refuse to accept it on the grounds that the sentencing recommendation is not indefinite detention.
Article 30: In hearing plea leniency cases applying the expedited criminal procedures or summary procedures, where the defendant has already retained a defender or legal aid lawyer, the people's court shall usually send a copy of the indictment, a notice to appear in court, and other legal documents, to the defender within 2 days of filing the case Where applying the ordinary procedures, the people's court shall usually send a copy of the indictment, a notice to appear in court, and other legal documents, to the defender within 5 days of filing the case
In cases where there is a victim, the victims and their agent ad litem shall be notified at the same time.
Where the defender fails to participate in hearings in accordance with requirements of the notice, it does not impact the normal conduct of the hearing, except that notice shall be given to the defender.
Article 31: When a copy of the indictment is served, it shall give information on the defendants' procedural rights and obligations, and the legal consequences of admitting guilt and accepting punishment.
Article 32: In hearing plea leniency cases where the people's court finds that it is necessary to convene a pretrial conference, they may convene a pretrial conference, to confirm that the prosecution and defense have reached a consensus opinion on the case facts and sentencing.
Article 33: In hearing plea leniency cases, the people's court shall review the following content:
(1) The voluntariness of the defendants' plea;
(2) The veracity and legality of the affidavit;
(3) The full case evidence materials.
Where upon review it is found that the conditions for applying the expedited procedures are not met, the people's procuratorate, the defendant and their defender shall be notified, and the reasons explained.
Article 34: In cases where the people's procuratorate has not recommended that the plea leniency system be applied, but upon review the people's court finds that the requirements for applying the plea leniency system are met, and obtains the defendants consent, or the defendant expresses willingness to plea at trial, then after the people's procuratorate's consent is obtained, the people's court shall notify the duty lawyer to provide legal assistance to the defendants. Where people's procuratorates do not consent, or the defendant and defender do not consent to the affidavit's content, the people's court shall make a judgment in accordance with law.
Article 35: In hearing plea leniency cases, court trial procedures may be simplified, court records and judgments may use standardized forms, and methods such as remote video court may be employed to quickly complete trial of the cases in accordance with law.
Article 36: Where people's courts are applying the expedited criminal procedures or summary procedures in hearing plea leniency cases, they shall be transferred for trial under ordinary procedures in any of the following circumstances:
(1) The defendant admitted guilt and accepted punishment against his wishes;
(2) the defendant denies the alleged criminal facts;
(3) The defendant recants the content of the affidavit;
(4) other circumstances where the expedited criminal procedures or summary procedures should not be applied at trial.
Article 37: People's courts lawfully making a judgment in plea leniency cases, shall usually adopt the charges and sentencing recommendation of the people's procuratorate , except in the following circumstances:
(1) The defendant has not constituted a crime or should not be pursued for criminal responsibility;
(2) The defendant admitted guilt and accepted punishment against his wishes;
(3) The defendant denies the alleged facts of the crime;
(4) The charge in the indictment and the charge verified at trial are not the same;
(5) Other situations that might impact the fairness of trial.
After people's courts receive the people's procuratorate's sentencing recommendation, where through trial they find that the people's procuratorate's sentencing recommendation is clearly improper, or where the defendant or defender raises objections to the sentencing recommendation, the people's court may recommend the people's procuratorate adjust its sentencing recommendation. Where the people's procuratorate does not agree to adjust the sentencing recommendation, or the defendant or defender still has objections to the adjusted sentencing recommendation, the people's court shall make a judgment in accordance with law.
Article 38: Plea cases shall apply graded sentencing incentives. Where criminal suspects or defendants' plea during different procedural phases such as the investigating organs' investigation, the people's procuratorate's review for prosecution, or the people's court's trial, when the people's procuratorate proposes a sentencing recommendation and the people's court announces the judgment, the sentencing range is to be handled in incremental reductions, and a decrease of 30-10% may be given from the base penalty in the Supreme People's Court's Guiding Opinion on Sentencing of Common Crimes, with return of stolen goods or restitution, reaching a settlement with victims, and obtaining victims forgiveness as important considerations for leniency in sentencing.
Article 39:In plea leniency cases where there are no legally prescribed commutation factors, a light sentence shall be given within the legal prescribed scope of penalties. Where the offence is slight and does not need to be punished, the people's court may lawfully waive criminal punishment. Where it is truly necessary to give a punishment below the legally prescribed punishment, it shall be reported up to the Supreme People's Court for review and approval.
Article 40: In hearing plea leniency cases, the verdict shall generally be announced at court.
In cases applying expedited criminal procedures at trial, people's courts shall usually complete trial within 10 days of acceptance； an extension to 15 days may be given where a sentence of more than 1 year imprisonment might be given.
In cases applying the summary procedures at trial, people's courts shall usually complete trial within 20 days of accepting the case; in cases where there might be a sentence of more than 3 years imprisonment, this may be extended to a month.
Article 41: Plea leniency cases' judgment opinions should be served on the people's procuratorate, defendant, and defender within 5 days of the judgment.
Where the expedited criminal procedures are applied, the enforcement notice and other relevant legal documents shall be served on the public security organs, prisons, or other enforcement organs, within 5 days of of the judgment becoming effective.
Article 42: Where criminal suspects or defendants voluntarily admit guilt and accept punishment, and there is no defender and they do not meet the requirements for having a legal aid notified to provide them with a defense, the people's court, people's procuratorate, and investigating organs shall lawfully issue a "Guangzhou City Notification to Provide Legal Assistance in a Criminal Plea Leniency Case", informing legal aid institutions to appoint a duty lawyer to provide legal assistance.
The "Guangzhou City Notification to Provide Legal Assistance in a Criminal Plea Leniency Case" shall indicate the criminal suspect or defendant's identity information, the charged crimes, any compulsory measures employed, and other such basic information.
Article 43: Legal aid institutions shall set up separate legal aid stations in people's courts, people's procuratorates,and detention centers, and, on the basis of work needs, appoint duty lawyers.
Article 44: Legal aid institutions shall appoint a duty lawyer to provide the criminal suspect or defendant with legal assistance within two days of receiving the "Guangzhou City Notification to Provide Legal Assistance in a Criminal Plea Leniency Case".
Article 45: 办理认罪人罚从宽案件，值班律师应当提供以下内容的法律帮助，确保其了解认罪人罚的性质和法律后果，自愿认罪认罚：
(1) the case facts and evidence;
(2) Suspected or charged crimes and the legal consequences;
(3) The legally-prescribed maximum and minimum sentences for each crime;
(4) the relevant sentencing regulation provisions and the scope of leniency that might be obtained;
(5) Simplification of procedures and other reduction of procedural rights;
(6) help in conducting sentencing negotiations.
Article 46: In the review for prosecution and trial phase of plea leniency cases, the duty lawyer shall learn about case facts and the sentencing recommendation through evidence discovery, reading the case file, or meeting with the criminal suspect or defendant, and provide effective legal assistance.
Where duty lawyers in possession of a lawyers practice certificate, an official legal aid letter, and the "Guangzhou City Notification to Provide Legal Assistance in a Criminal Plea Leniency Case" handle formalities for reading the case file, the people's procuratorate and people's court shall make the arrangements.
Article 47:To provide criminal suspects or defendants in plea leniency cases with legal assistance, duty lawyers may take their lawyers practice certificate and "Guangzhou City Notification to Provide Legal Assistance in a Criminal Plea Leniency Case" to the detention center and complete client meeting formalities. Duty lawyers meeting with criminal suspects or defendants shall draft a record of the meeting and provide it to the legal aid for the archives.
Article 48: Duty lawyers that have finished legal assistance must submit legal opinions to the case handling unit with 7 days, and the case handling unit shall issue a receipt to the duty lawyer on the spot when receiving legal opinions.
Article 49: Cases of legal assistance in the investigation phase have allowances paid in accordance with the standards for legal aid in the investigation phase, cases of legal assistance in the review for prosecution or trial phases have allowances pain in accordance with the standards for legal aid in the trial phase.
Chapter IV: Organization and Coordination
Article 50: Through the joint committee, each signatory unit shall: Carry systems such as for periodic reporting and designated contact persons, promptly summarizing and communicating experience and methods, coordinating and resolving issue that exist in the plea leniency pilot work.
Article 51: Each signatory unit should promptly report to the political legal committee of the party committee of the relevant level to coordinate resolution of problems encountered in electronic file sharing, remote video trial systems, special fees for duty lawyers, big data case files for sentencing, detention center support facilities, and other issues encountered during establishing and ensuring implementation.
Article 52: Each signatory shall separately formulate internal work guidelines, regulating the handling requirements, methods, and steps for each phase of plea leniency cases.
Article 53:Signatory units shall strengthen operational guidance on this system, establishing monthly statistical reporting systems and quarterly summary systems, following up on the pilots development work, supervising the implementation of reform measures.
Chapter V: Supplementary Provisions
Article 54: These detailed implementation rules are to be applied in plea leniency cases by the Guangzhou municipal and district people's courts, people's procuratorates, investigating organs, and the Guangzhou Custom's anti-smuggling bureau, and the Huangpu Customs' anti-smuggling bureau.
Article 55: In plea leniency cases handled applying the expedited criminal procedures, relevant provisions of the expedited criminal procedures pilot may be consulted, except where these detailed implementation rules have other provisions.
Article 56:Where in the course of handling plea leniency cases, personnel of people's courts,people's procuratorate, investigating organs have situations of extortion of confessions by torture, gathering evidence through violence, or selling power for money, going easy on criminals, or other situations of abusing power or twisting the law for personal gain; where a crime is constituted, criminal responsibility is pursued in accordance with law, where not crime is constituted, lawfully give an administrative sanction or disciplinary sanction.
Article 57: These detailed implementation rules take effect on the day of their signing, and are provisions applied until November 11, 2018. Where there are new provisions of law, regulations, judicial interpretations, or provisions from a higher level organ, enforcement is in accordance with the relevant provisions.
1. Guangzhou City Notification to Provide Legal Assistance in a Criminal Plea Leniency Case
2. Notice of Criminal Suspect's (Defendant's) Voluntary Admission of Guilt and Acceptance of Punishment
Notice of Criminal Suspect (Defendant's) Voluntary Admission of Guilt and Acceptance of Punishment
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