Legal Thinking for The Lenient System for Admission of Guilt and Acceptance of Punishment in China: From the Perspective of the Accused`s Right to Repent

Abstract

The accused has the right to repent in application of the Lenient System for Admission of Guilt and Acceptance of Punishment. The procuratorial organs and courts do not need to separately examine the reasons for repentance, but these reasons can be used as basis for convicting and sentencing. The problem issue is an eternal theme—fairness and efficiency. The author holds that the Lenient System for Admission of Guilt and Acceptance of Punishment does not apply to cases of statutory sentence for life imprisonment or death penalty. At the same time, the court should issue the sentencing standards for relevant crimes as soon as possible. In addition, in cases where the procuratorial organs recommend applying to the system, the court has the power to decide not to apply.