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Three Model Cases of Procuratorial Organs' Application of the System of Giving a Lenient Punishment for Pleading Guilty and Accepting Punishment Published by the Supreme People's Procuratorate
[Effective]
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最高人民检察院发布3起检察机关适用认罪认罚典型案例
[现行有效]
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| Three Model Cases of Procuratorial Organs' Application of the System of Giving a Lenient Punishment for Pleading Guilty and Accepting Punishment Published by the Supreme People's Procuratorate | | 最高人民检察院发布3起检察机关适用认罪认罚典型案例 |
| (October 24, 2019) | | （2019年10月24日） |
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| 1. People v. Lv and Guo for intentional injury | | 1.吕某某、郭某某故意伤害案 |
| [Basic Facts] | | 【基本案情】 |
| Around 03:00 of August 31, 2018, the criminal suspect Lv and the victim Wu had a quarrel when playing cards in the guest room of a hotel in Qiaokou District, Wuhan City and then they came to blows, and were persuaded by other who were with him. After leaving the room, they came to blows in the corridor of the hotel again. The criminal suspect Guo was Lv's friend. When seeing this, he beat up the victim Wu together with Lv. The injuries on the victim Wu's face and other parts were identified as minor injuries of Grade II. On October 30, 2018, the police officer notified the criminal suspects Lv and Guo of accepting investigation in the public security organ by call. Since both criminal suspects were in other places, they surrendered themselves to the public security organ on November 5. | | 2018年8月31日3时许，犯罪嫌疑人吕某某与被害人吴某某在武汉市硚口区某酒店客房内打牌时发生口角，进而发生厮打，后被同行人员劝开。离开房间后，双方再次在酒店走廊内厮打，犯罪嫌疑人郭某某系吕某某的朋友，见状参与共同殴打被害人吴某某。经鉴定，被害人吴某某头面部等处所受损伤程度评定为轻伤二级。2018年10月30日，公安民警电话通知犯罪嫌疑人吕某某、郭某某到公安机关接受调查，两名犯罪嫌疑人因身处外地，均于11月5日到公安机关投案。 |
| On January 8, 2019, the Qiaokou Branch of the Public Security Bureau of Wuhan City transferred the case of suspected intentional injury committed by criminal suspects Lv and Guo to the People's Procuratorate of Qiaokou District, Wuhan City and it was indicated in the written prosecution opinion that the criminal suspects Lv and Guo voluntarily pleaded guilty. On January 11, 2019, the People's Procuratorate of Qiaokou District positively resolved the social conflict and made interpretation of laws and reasoning to the criminal suspects Lv and Guo in the interrogation. Both criminal suspects sincerely showed repentance, extended a formal apology, voluntarily compensated the victim Wu for all his economic losses, and came to understanding with Wu. | | 2019年1月8日，武汉市公安局硚口区分局将犯罪嫌疑人吕某某、郭某某涉嫌故意伤害一案移送武汉市硚口区人民检察院审查起诉，并在起诉意见书中标明犯罪嫌疑人吕某某、郭某某自愿认罪。2019年1月11日，硚口区人民检察院积极化解社会矛盾，讯问中向犯罪嫌疑人吕某某、郭某某释法说理，两名犯罪嫌疑人真诚悔罪、赔礼道歉，并自愿赔偿了被害人吴某某全部经济损失，取得吴某某的谅解。 |
| [Application of the System of Giving a Lenient Punishment for Pleading Guilty and Accepting Punishment] | | 【适用认罪认罚情况】 |
| The undertaking procurators of the People's Procuratorate of Qiaokou District held upon examination that the criminal suspects and the victim were friends; they had a quarrel due to trifles and then came into blows, causing the victim's injuries of Grade II. After the case was exposed, both criminal suspects returned from other places after receiving notification by call from the public security organ. Upon interpretation of laws and reasoning by the procurators, both criminal suspects sincerely showed repentance, extended a formal apology, positively compensated the victim for all his economic losses, and came to understanding with the victim Wu. This case satisfied conditions for applying the system of giving a lenient punishment for pleading guilty and accepting punishment. | | 硚口区人民检察院承办检察官经审查认为，犯罪嫌疑人与被害人系朋友关系，因琐事发生争吵进而相互打斗造成被害人轻伤二级。案发后，两名犯罪嫌疑人接公安机关电话通知后，从外地返回投案。经检察官释法说理，两名犯罪嫌疑人真诚悔罪、赔礼道歉，积极赔偿被害人全部经济损失，取得被害人吴某某的谅解。本案符合适用认罪认罚从宽制度的条件。 |
| The procurators fully listened to the opinions of the defense lawyers, notified both criminal suspects of the possible sentencing recommendations, and explained the methods for raising such sentencing recommendations. In this case, the calculation methods for the specific sentencing recommendations were as follows: First, the sentencing starting point was determined. Since the system of giving a lenient punishment for pleading guilty and accepting punishment was applicable to this case, a lower median value was selected within the range of the sentencing starting points from the fixed-term imprisonment of six months to twenty-four months. It was determined that the sentencing starting point was the fixed-term imprisonment of twelve months. Second, the benchmark punishment was determined on the basis of the circumstances where the punishment should be increased. Since the consequence of minor injury of Grade II of one person was caused in this case, there was no such circumstance where the punishment should be increased and the benchmark punishment in this case was a fixed-term imprisonment of twelve months. Third, on the basis that the benchmark punishment has been determined, the benchmark punishment was adjusted according to the sentencing circumstances of this case and the punishment to be recommended was determined. This case fell under the following sentencing circumstances where a lighter punishment may be given: (1) this case was triggered by folk contradictions and 10% of the benchmark punishment may be decreased; (2) the criminal suspects fell under circumstances of voluntary surrenders and 10% of the benchmark punishment may be decreased; and (3) the criminal suspects actively compensated the victim for all economic losses and came to understanding with the victim, and 20% of the benchmark punishment may be decreased. Therefore, the punishment to be recommended was a fixed-term imprisonment of six months (12 x (1 - 10% - 20% - 20%) = 6). Fourth, according to the case facts, the procurators freely adjusted the punishment to be recommended within 30% of the benchmark punishment and an accurate sentencing recommendation was determined. There was no such special circumstance that it was necessary to apply the discretionary range of 30% of the benchmark punishment in this case. However, considering that the two criminal suspects in this case satisfied conditions for granting probation, the recommended sentencing for Lv and Guo was a fixed-term imprisonment of six months with suspended execution of one year and it was also recommended that a public prosecution may be instituted under speedy trial procedure. The two criminal suspects raised no objection to the aforesaid charge, the sentencing recommendation, and the application of the speedy trial procedure, they voluntarily pleaded guilty and accepted punishment and witnessed by the defense lawyers, they signed a recognizance. In the court trial, the public prosecutor briefly introduced the facts on intentional injury by defendants Lv and Guo, the charge, the evidence, the conditions of the defendants' pleading guilty and accepting punishment, and the sentencing recommendation. The two defendants raised no objection to the charge, the judges verified the voluntariness, authenticity, and legality of the defendants' pleading guilty and accepting punishment, and signing of the recognizance, and listened to the opinions of defenders and final statements of defendants. | | 检察官充分听取了辩护律师意见，向两名犯罪嫌疑人告知可能提出的量刑建议，并说明了量刑建议提出的方法。本案中，具体量刑建议的计算方法为：一是确定量刑起点。由于本案适用认罪认罚从宽制度，在量刑起点6至24个月有期徒刑幅度内，选取中间偏下值，确定本案量刑起点为12个月有期徒刑。二是根据增加刑罚量的情形，确定基准刑。因本案造成一人轻伤二级的后果，无增加刑罚量的情形，因此本案基准刑为12个月有期徒刑。三是在确定基准刑的基础上，根据本案具有的量刑情节对基准刑进行调节，确定拟建议刑。本案具有以下从轻处罚的量刑情节：（1）本案因民间矛盾引发，可减少基准刑的10%；（2）犯罪嫌疑人具有自首情节，可减少基准刑的20%；（3）积极赔偿被害人全部经济损失并取得谅解，可以减少基准刑的20%。因此本案拟建议刑为12 ×（1-10%-20%-20%）＝6，即6个月有期徒刑。四是根据案情由检察官对拟建议刑进行30%幅度内的自由调节，确定精准量刑建议。本案无需要使用30%自由裁量幅度的特殊情形，但鉴于本案两名犯罪嫌疑人符合缓刑条件，因此，对吕某某、郭某某二人提出确定的量刑建议为有期徒刑六个月，缓刑一年，并建议本案可适用速裁程序提起公诉。两名犯罪嫌疑人对上述罪名、量刑建议、适用速裁程序均表示无异议，自愿认罪认罚，在辩护律师见证下，签署具结书。开庭审理中，公诉人简要概述了被告人吕某某、郭某某故意伤害的事实、罪名、证据及认罪认罚情况和量刑建议。两名被告人对指控内容均无异议，审判员核实被告人认罪认罚并签署具结书的自愿性、真实性、合法性，听取了辩护人意见和被告人最后陈述。 |
| [Handling Results] | | 【办理结果】 |
| The judgment was pronounced in court and the sentencing recommendation of the procuratorial organ was admitted. Defendant Lv was sentenced to a fixed-term imprisonment of six months with suspended execution of one year; and defendant Guo was sentenced to a fixed-term imprisonment of six months with suspended execution of one year. | | 本案当庭宣判，采纳了检察机关的量刑建议，判处被告人吕某某有期徒刑六个月，缓刑一年；判处被告人郭某某有期徒刑六个月，缓刑一年。 |
| [Significance] | | 【典型意义】 |
The handling of the case of intentional injury by Lv and Guo has reflected two features: first, the criminal suspects were urged to reach a criminal settlement with the victim and come to an understanding with the victim, which has effectively resolved social conflicts; second, the application of the system of giving a lenient punishment for pleading guilty and accepting punishment and the raising of specific sentencing recommendation reflected substantial lenience to the criminal suspects and speedy and simplified procedures.
．．．．．． | | 吕某某、郭某某故意伤害案的办理体现两个特点，一是促进犯罪嫌疑人和被害人达成刑事和解，取得被害人的谅解，有效化解社会矛盾。二是适用认罪从宽制度，提出确定的量刑建议，体现对犯罪嫌疑人实体上从宽，程序上从快、从简。
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