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Notice of the Supreme People's Court on Comprehensively and Profoundly Promoting the Pilot Program of the System for Imposing Lenient Punishments on Those Confessing to Their Crimes and Accepting Punishments in Criminal Cases
[Effective]
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最高人民法院关于全面深入推进刑事案件认罪认罚从宽制度试点工作的通知
[现行有效]
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| Notice of the Supreme People's Court on Comprehensively and Profoundly Promoting the Pilot Program of the System for Imposing Lenient Punishments on Those Confessing to Their Crimes and Accepting Punishments in Criminal Cases | | 最高人民法院关于全面深入推进刑事案件认罪认罚从宽制度试点工作的通知 |
| (No. 114 [2018] of the Supreme People's Court) | | （法[2018]114号） |
| High people's courts of Beijing, Tianjin, Liaoning, Shanghai, Jiangsu, Zhejiang, Fujian, Shandong, Henan, Hubei, Hunan, Guangdong, Chongqing, and Shaanxi: | | 北京、天津、辽宁、上海、江苏、浙江、福建、山东、河南、湖北、湖南、广东、重庆、陕西省 （市）高级人民法院： |
| The pilot program of the system for imposing lenient punishments on those confessing to their crimes and accepting punishments in criminal cases is an important measure for implementing relevant reforms and arrangements of the CPC Central Committee. Since the pilot program was initiated in November 2016, all people's courts in the pilot areas have earnestly implemented the program, organized and led the pilot work, put it into practice, actively explored innovation, and promoted the steady, orderly and smooth development of the pilot program. The courts in Beijing, Zhejiang, Fujian, Shandong, Guangdong, Chongqing, and Shaanxi have recorded a large number and a high proportion of pilot cases, and played a leading and exemplary role. All pilot courts have adopted many successful methods and experiences in practical and procedural applications, and supporting and guarantee services. In December 2017, the 31st session of the Standing Committee of the 12th National People's Congress deliberated the mid-term report of the pilot program submitted by the Supreme People's Court and the Supreme People's Procuratorate, giving positive comments on the achievements of the pilot reform and offering supervisory and guiding opinions on the advancement of relevant work. The Supreme People's Court attached great importance to the pilot work and Mr. Zhou Qiang, president of the Supreme People's Court, has approved the research and implementation on the program. As the pilot work has more than half a year left, you are hereby notified of the work of comprehensively and profoundly promoting the pilot program as follows based on the opinions of the members of the Standing Committee of the National People's Congress after deliberation and in conjunction with the recent progress, research and supervisory inspection of the pilot work: | | 刑事案件认罪认罚从宽制度试点工作，是落实党中央有关改革部署的重大举措。2016年11月试点启动以来，各试点地区人民法院认真贯彻落实，组织领导有力，部署落实到位，积极探索创新，推动试点平稳有序、顺利开展。北京、浙江、福建、山东、广东、重庆、陕西等地法院试点案件数量多、比例高，示范带动作用发挥较好。各试点法院在实体处理、程序适用、配套保障等方面形成了许多成功做法和经验。2017年12月，十二届全国人大常委会第三十一次会议审议了最高人民法院、最高人民检察院试点中期报告，对改革试点成效给予充分肯定，对相关工作推进提出监督指导意见。最高人民法院党组高度重视，周强院长批示要求认真研究落实。试点还有半年多时间，为确保圆满完成改革任务，根据全国人大常委会委员们的审议意见，结合近期试点工作进展和调研督查情况，现就全面深入推进试点工作通知如下： |
I. Abiding by the principles of reform and ensuring the proper implementation of the pilot work. Efforts shall be made to control the direction and uphold the basic principles of the reform, and achieve the legal and social effects in handling cases; adhere to combining leniency with rigidity, take into full consideration the social harm of crimes and personal dangerousness of defendants in the measurement of penalty, distinguish the nature of cases and severity of crimes, ensure that the severity of punishments must be commensurate with the crime committed by an offender and the criminal responsibility he bears, and avoid being unduly rigid or lenient; fulfill the requirements on evidentiary adjudication, ensure that the facts be clear and evidence be sufficient, and prevent the occurrence of false and wrong charges such as being forced to confess or taking the blame for someone else's crime; safeguard the rights and interests of the parties concerned by protecting the litigation rights of defendants and listening to the victims' opinions according to the law, properly handle the relations between compensation for reconciliation and lenient punishment.
．．．．．． | | 一、遵循改革原则，确保试点正确实施。要牢牢把握改革方向和基本原则，确保办案法律效果和社会效果。坚持宽严相济，量刑时要充分考虑犯罪的社会危害性和被告人的人身危险性，区分案件性质和罪行轻重，确保罪责刑相适应，避免片面从严、一味从宽两种错误倾向。贯彻证据裁判要求，确保定案事实清楚、证据确实、充分，严防被迫认罪、替人顶罪等冤假错案发生。切实维护当事人权益，既要保障被告人的诉讼权利，也要依法听取被害人意见，正确处理赔偿和解与从宽处罚的关系，确保司法公正。
．．．．．． |
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