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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]
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]
【法宝引证码】

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)

Model Cases of Procuratorial Organs' Application of the System of Giving a Lenient Punishment for Pleading Guilty and Accepting Punishment 检察机关适用认罪认罚典型案例
 

1.吕某某、郭某某故意伤害案

1. People v. Lv and Guo for intentional injury 【基本案情】
[Basic Facts] 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。
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 companions. 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. 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。
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. 【适用认罪认罚情况】
[Application of 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 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. 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。
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. 【办理结果】
[Handling Results] 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。
The judgment was pronounced in court and the sentencing recommendation of the procuratorial organ was adopted. 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. 【典型意义】
[Significance] 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。
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. 

2.丰某某盗伐林木案

 【基本案情】
2. People v. Feng for illegal logging 2018年12月中旬至12月底,犯罪嫌疑人丰某某为种植五味子搭架子,在黑龙江省海林林业局治山经菅林场施业区内,使用手锯盗伐暴马丁香树121株,其中幼树115株,并将盗伐的林木全部运送回自家的五味子地中存放。2019年5月24日,经黑龙江华林森林资源资产评估有限公司鉴定,丰某某盗伐的林木为非保护树种(非珍贵树木)暴马子,总立木蓄积为0.0811立方米。根据刑法三百四十五条卡在了奇怪的地方和“两高”《关于办理盗伐、滥伐林木案件应用法律的几个问题的解释》的规定,丰某某的行为已涉嫌盗伐林木罪。2019年5月21日,海林林业地区公安局对犯罪嫌疑人丰某某涉嫌盗伐林木案进行立案侦查。
[Basic Facts] 【适用认罪认罚情况】
From the middle to the end of December 2018, for the purpose of setting up trellis for planting the fruits of Chinese magnoliavine, the criminal suspect Feng illegally logged 121 Manchurian Lilac trees, including 115 seedlings, by using a hand saw in the working circle of Zhishan Forest Farm under the Forestry Bureau of Hailin City, Heilongjiang Province, and all of the illegally logged trees were carried back to the land where he planted the fruits of Chinese magnoliavine. On May 24, 2019, it was identified by Heilongjiang Hailin Forest Resource Assets Assessment Co., Ltd. that the trees illegally logged by Feng were Manchurian Lilac trees, which were not protected trees (or rare trees) and the total growing stock was 0.0811 m3. In accordance with the provisions of Article 345 of the Criminal Law and Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues concerning the Application of Law in Cases of Illegal Logging and Denudation of Trees, Feng was suspected of being guilty of illegal logging. On May 21, 2019, the Public Security Bureau of the Hailin Forestry Region docketed this case for investigation into the criminal suspect Feng's suspected illegal logging. 黑龙江省亚布力人民检察院依据与公安机关会签的“适用认罪认罚从宽制度开展‘补植复绿'工作实施办法”提前介入侦查。经提前阅卷、参与公安机关案件讨论后认为,根据“两高”印发的《关于办理盗伐、滥伐林木案件应用法律的几个问题的解释》第二条规定,盗伐林木情节严重构成犯罪的标准是:盗伐林木2至5立方米或幼树100至250株,犯罪嫌疑人丰某某盗伐幼树115株,已涉嫌盗伐林木罪。本案事实清楚,证据确实充分,鉴于犯罪嫌疑人丰某某如实供述自己的犯罪事实,有认罪悔罪表现,对丰某某可适用认罪认罚从宽制度。
[Application of the System of Giving a Lenient Punishment for Pleading Guilty and Accepting Punishment] 侦查阶段,承办检察官主要开展了以下工作:一是释法说理,教育犯罪嫌疑人尽早认罪认罚。承办人在派驻公安机关检察官办公室约见了犯罪嫌疑人丰某某,结合认罪认罚普法资料,向丰某某详细讲解了认罪认罚从宽制度的具体内容;明确告知丰某某“补植复绿”是“认罚”的重要检验标准,补种的树木成活了,认罪认罚中的“认罚”标准才算达到了。丰某某当场表示认罪认罚,尽快、尽早“补植复绿”,确保树木成活,并赔偿被毁林木损失。二是保障犯罪嫌疑人自愿认罪认罚。约见之后,检察官主动邀请法律援助中心值班律师提前介入案件,与犯罪嫌疑人共同签署了《认罪认罚承诺书》。三是计算“补植复绿”标准,尽快恢复生态。检察机关要求公安机关及时对丰某某盗伐林木致森林生态服务功能损失价值进行评估,丰某某于当月在毁林现场原地补种了树高60至70厘米的落叶松300株。
According to the Measures for Implementing the Work of Applying the System of Giving a Lenient Punishment for Pleading Guilty and Accepting Punishment and Carrying out ‘Replantation' counter-signed with the public security organ, the People's Procuratorate of Yabuli Township, Shangzhi City, Heilongjiang Province got involved in investigation in advance. Upon advance consultation of the case file and case deliberation with the public security organ, in accordance with the provisions of Article 2 of the Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues concerning the Application of Law in Cases of Illegal Logging and Denudation of Trees, the procuratorial organ held that the standard for falling under serious circumstances and constituting a crime was the illegal logging of the growing stock of 2 to 5 m3 or 100 to 250 seedlings. Since the criminal suspect Feng has illegally logged 115 seedlings, he was suspected of being guilty of illegal logging. The case facts were clear and the evidence was authentic and sufficient in this case. Considering that Feng truthfully confessed to his crime, pleaded guilty, and showed repentance, the system of giving a lenient punishment for pleading guilty and accepting punishment may apply to him. 审查起诉阶段,承办检察官告知犯罪嫌疑人丰某某权利义务,犯罪嫌疑人在辩护律师见证下签署了《认罪认罚具结书》《“补植复绿”养护承诺书》,督促已完成补植的犯罪嫌疑人精心育苗、养护,确保了补植成活率。承办检察官认为,犯罪嫌疑人丰某某涉嫌盗伐林木犯罪事实清楚,根据《黑龙江省林区中级人民法院刑事审判庭关于依法惩治涉林犯罪指导意见》,应在3个月拘役至6个月有期徒刑幅度内量刑。丰某某系初犯,犯罪情节轻微,主观恶性不大,社会危害性较小,自愿认罪认罚,已履行“补植复绿”义务,结合认罪认罚从宽制度,综合考量宽严相济刑事政策、社会公共利益和办案效果,可依法对丰某某作不起诉处理。检察机关作不起诉决定前,先邀请公安机关和林业主管部门共同到犯罪嫌疑人丰某某补植现场查看“补植复绿”情况,补种的林木已全部成活,长势良好。而后,联合公安机关和犯罪嫌疑人居住地的村委会对其进行了全面摸底调查,经调查走访,排除了丰某某的社会危险性和再犯可能性。
In the phase of investigation, the undertaking procurators mainly carried out the following work: First, making interpretation of laws and reasoning. They educated the criminal suspect to plead guilty and accept punishment as soon as possible. The undertaking procurators met the criminal suspect Feng in the Office of Procurators in the public security organ and in light of the legal publicity materials on pleading guilty and accepting punishment, explained in details to Feng the specific content of the system of giving a lenient punishment for pleading guilty and accepting punishment; clearly notified Feng that “replantation” was an important inspection standard for “accepting punishment.” As long as the replanted trees survived, Feng could come up to the standard of “accepting punishment” in the system of giving a lenient punishment for pleading guilty and accepting punishment. Feng said on the spot that he pleaded guilty and accepted punishment and would “replant” trees as soon as possible, guarantee the survival of such trees, and compensate for losses to the destructed forest. Second, ensuring that the criminal suspect should voluntarily plead guilty and accept punishment. After meeting the criminal suspect, the procurators voluntarily invited a duty lawyer from the legal aid center to get involved in advance and signed the Letter of Commitment on Pleading Guilty and Accepting Punishment jointly with the criminal suspect. Third, calculating the standard for “replantation” and restoring the ecological environment as soon as possible. The procuratorial organ required that the public security organ should evaluate the value of forest ecological service function loss caused by Feng's illegal logging. In the same month, Feng replanted 300 larches with the height ranging from 60 cm to 70 cm on the original site of deforestation. 为确保认罪认罚不起诉案件的法律效果和社会效果,亚布力人民检察院对本案适用了公开审查听证和公开宣告程序。邀请公安机关、林业主管部门、人民监督员、犯罪嫌疑人丰某某居住地社区代表、犯罪嫌疑人及法援律师等共同参加不起诉案件公开审查听证,主动接受社会各界监督。犯罪嫌疑人丰某某在公开审查听证过程中发言诚恳、认罪悔罪。检察机关现场制作文书,邀请上述参会代表进入不起诉案件公开宣告程序,对被不起诉人丰某某进行不起诉公开宣告。
In the phase of prosecution, the undertaking procurators notified the criminal suspect Feng of his rights and obligations and witnessed by his defense lawyer, the criminal suspect signed the Recognizance to Plead Guilty and Accept Punishment and the Letter of Commitment on Maintenance for “Replantation.” They urged the criminal suspect who has completed replantation to painstakingly grow and maintain seedlings, which has guaranteed the survival rate of the replanted trees. In the view of the undertaking procurators, the criminal fact was clear that the criminal suspect Feng was suspected of committing illegal logging. In accordance with the Guiding Opinions of the Criminal Tribunal of the Intermediate People's Court of the Forestry Region of Heilongjiang Province on Legally Punishing Forest-related Crimes, the criminal suspect should be sentenced within the range from detention of three months to fixed-term imprisonment of six months. As a first offender, Feng had minor criminal circumstances, did not have great subjective malice, did not have serious social hazard, voluntarily pleaded guilty and accepted punishment, and has performed the obligation of “replantation.” In light of the system of giving a lenient punishment for pleading guilty and accepting punishment and by taking into full account of the criminal policy of combining leniency and strictness, public interests, and case-handling effects, it was allowed to not prosecute Feng according to the law. Before making a decision on non-prosecution, the procuratorial organ invited personnel from the public security organ and the competent forestry department to check on the spot the “replantation” by the criminal suspect Feng and found that the replanted trees have all survived and grown well. Afterwards, jointly with the public security organ and the villagers' committee at the residence of the criminal suspect, it conducted a comprehensive survey and upon investigation and interview, the social hazard of and the possibility of recommitting a crime by Feng were excluded. 【办理结果】
For the purpose of guaranteeing the legal effects and social effects of the case of non-prosecution for pleading guilty and accepting punishment, the People's Procuratorate of Yabuli Township applied the procedures of public examination and hearing and public pronouncement to this case. It invited personnel from the public security organ and the competent forestry department, the people's supervisor, the representative of the community at the residence of the criminal suspect Feng, the criminal suspect, and his legal aid lawyer to jointly participate in the public examination and hearing of the non-prosecution case and voluntarily accept supervision by the public. In the course of public examination and hearing, the criminal suspect Feng sincerely made a statement, pleaded guilty, and showed repentance. The procuratorial organ prepared a document on the spot and invited the aforesaid participants to enter the procedure of public pronouncement for the non-prosecution case and make a public pronouncement on not prosecuting Feng. 亚布力人民检察院依法对丰某某作出不起诉决定,并公开宣告。
[Handling Results] 【典型意义】
The People's Procuratorate of Yabuli Township made a decision on not prosecuting Feng and publicly pronounced the decision. 适用认罪认罚从宽制度办理涉林破坏环境资源案件,检察机关充分发挥主导作用,通过释法说理、督促“补植复绿”等方式,促使犯罪嫌疑人自愿认罪悔罪,积极履行“补植复绿”义务,对犯罪情节轻微的,依法作出不起诉决定。对于拟作出不起诉决定的案件,进行公开审查听证和公开宣告,有利于实现法律效果和社会效果的统一。
[Significance] 

3.武某某故意杀人案

In the handling of cases of forest-related destruction of environmental resources by applying the system of giving a lenient punishment for pleading guilty and accepting punishment, the procuratorial organ should give full play to the leading role and by means of interpreting laws and making reasoning, and urging “replantation,” urge criminal suspects to voluntarily plead guilty and show repentance, and actively perform the obligation of “replantation,” and make a decision on not prosecuting criminal suspects according to the law where the criminal circumstances are minor. With respect to a case in which a decision on non-prosecution is to be made, the public examination and hearing and the public pronouncement are conducive to realizing the unification of legal effects and social effects. 【基本案情】
 犯罪嫌疑人武某某在KTV唱歌时结识了被害人唐某某,而后二人确立了恋爱关系。2018年9月11日下午17时许,武某某去唐某某住处为自己庆生,二人喝酒到次日凌晨,因感情问题发生争执,武某某骑自行车回家,唐某某随后乘坐摩的到达武某某家中,两人继续喝酒。至凌晨3点左右,二人再次发生争吵,武某某拿起床头柜里的尖刀朝唐某某身上捅刺,导致唐某某失血性休克死亡。武某某酒后昏睡直至警察将其抓获。
3. People v. Wu for intentional homicide 【适用认罪认罚情况】
[Basic Facts] 承办检察官经审阅案件材料认为,本案证据确实、充分,能够形成完整的证据锁链,证明武某某得知唐某某与他人发生不正当关系后心生不满,使用锐器扎刺被害人要害部位,涉嫌故意杀人罪。武某某能够基本如实供述自己的罪行,只是在行为性质、行为手段上做辩解,符合适用认罪认罚从宽制度的相关标准。检察官在办案中注意教育转化,向犯罪嫌疑人充分阐释了认罪认罚从宽制度,武某某接受检察机关指控的罪名。检察官又与被害人家属沟通,进行释法说理。武某某向被害人家属真诚悔罪,积极赔偿。被害人家属在充分了解法律规定后,接受武某某道歉和赔偿,出具了谅解书。
The criminal suspect Wu made acquaintance with the victim Tang in a KTV when singing there and afterwards they fell in love. At 17:00 of September 11, 2018, Wu went to Tang's residence to celebrate his birthday and they drank to the early morning of the next day. Due to a love affair between Tang and another person, they had a quarrel. Wu returned home by bike and Tang afterwards arrived at Wu's residence by taking a motorcycle taxi and they carried on drinking. At 03:00 in the early morning, they had another quarrel. Wu picked up a sharp knife in the bedside cabinet and stabbed Tang, leading to Tang's death of hemorrhagic shock. Wu was in a deep slumber after drinking until he was captured by the police officers. 检察机关在审查全案事实与证据后,认为本案犯罪嫌疑人与被害人系恋爱关系,因感情纠纷引发,案发后,犯罪嫌疑人认罪悔罪,积极赔偿,取得被害人家属谅解,可依法适用认罪认罚从宽制度。
[Application of the System of Giving a Lenient Punishment for Pleading Guilty and Accepting Punishment] 【办理结果】
The undertaking procurators held upon review of the case materials that evidence in this case was authentic and sufficient and a complete evidence chain may be formed. It was proved that after knowing Tang had a relationship with another person, Wu stabbed the victim in critical parts by using a sharp knife and he was suspected of being guilty of intentional homicide. Wu could basically truthfully confessed to his crime and only tried to defend himself in the nature of his act and the means for committing such act, which conformed to the relevant standards for applying the system of giving a lenient punishment for pleading guilty and accepting punishment. In the case handling, the procurators paid attention to educational conversion, fully interpreted the system of giving a lenient punishment for pleading guilty and accepting punishment to the criminal suspect and Wu accepted the charge of the procuratorial organ. The procurators also communicated with the victim's family members and made interpretation of laws and reasoning. Wu sincerely showed repentance to the victim's family members and actively made compensation. After fully learning the legal provisions, the victim's family members accepted Wu's apology and compensation and issued a letter of understanding. 检察机关以武某某涉嫌故意杀人罪,向法院提起公诉,并提出对武某某判处无期徒刑的确定刑量刑建议。法院以故意杀人罪判处武某某无期徒刑。武某某当庭表示不上诉,认罪服法。
After examining the case facts and evidence, the procuratorial organ held that the criminal suspect and the victim were lovers and the case was triggered by a love affair. After the case was exposed, the criminal suspect pleaded guilty and showed repentance, actively made compensation, and came to understanding with the victim's family members. Therefore, the system of giving a lenient punishment for pleading guilty and accepting punishment may apply to this case according to the law. 【典型意义】
[Handling Results] 适用认罪认罚从宽制度原则没有适用案件范围和诉讼阶段的限制,对于故意杀人等重罪案件,犯罪嫌疑人、被告人认罪认罚的,可以依法适用认罪认罚从宽制度并提出确定刑量刑建议,有利于对犯罪嫌疑人、被告人教育转化,鼓励其真诚悔罪,促进社会矛盾化解,达到案结事了、节约司法资源。
The procuratorial organ instituted a public prosecution in the court on the ground that Wu was suspected of being guilty of intentional homicide and raised the sentencing recommendation of definite sentence that Wu should be sentenced to life imprisonment. The court sentenced Wu to life imprisonment for committing a crime of intentional homicide. Wu said in court that he would not appeal and he has plead guilty. 
[Significance] 
There is no restriction on the scope of cases to which the system of giving a lenient punishment for pleading guilty and accepting punishment applies and the litigation phase. For cases of heavy offenses including intentional homicide, where the criminal suspect or defendant pleads guilty and accepts punishment, the people's procuratorate may apply the system of giving a lenient punishment for pleading guilty and accepting judgment according to the law and raise a sentencing recommendation of definite sentence, which is conducive to conducting the educational conversion of such criminal suspect or defendant, encouraging them to sincerely show repentance, promoting resolution of social conflicts, and achieving close of both the case and dispute and saving of judicial resources. 
来自北大法宝 
     
     
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