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Notice by the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security, the Ministry of State Security, et al. of Issuing the Guiding Opinions on the Application of the Leniency System for Admitting Guilt and Accepting Punishment [Effective]
最高人民法院、最高人民检察院、公安部、国家安全部等印发《关于适用认罪认罚从宽制度的指导意见》的通知 [现行有效]
【法宝引证码】

Notice by the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security, the Ministry of State Security and the Ministry of Justice of Issuing the Guiding Opinions on the Application of the Leniency System for Admitting Guilt and Accepting Punishment 

最高人民法院、最高人民检察院、公安部、国家安全部、司法部印发《关于适用认罪认罚从宽制度的指导意见》的通知

The higher people's courts, people's procuratorates, public security departments (bureaus), state security departments (bureaus) and justice departments (bureaus) of all provinces, autonomous regions, and municipalities directly under the Central Government; the Military Court and Military Procuratorate of the People's Liberation Army; the Production and Construction Corps Branch of the Higher People's Court of Xinjiang Uygur Autonomous Region; and the People's Procuratorate, Public Security Bureau, State Security Bureau, and Justice Bureau of Xinjiang Production and Construction Corps: 各省、自治区、直辖市高级人民法院、人民检察院、公安厅(局)、国家安全厅(局)、司法厅(局),解放军军事法院、军事检察院,新疆维吾尔自治区高级人民法院生产建设兵团分院,新疆生产建设兵团人民检察院、公安局、国家安全局、司法局:
For the purposes of correctly implementing the new provisions of the Criminal Procedure Law, accurately applying the leniency system for admitting guilt and accepting punishment, ensuring strict and fair justice, and promoting the modernization of the national governance system and governance capacity, the Supreme People's Court and the Supreme People's Procuratorate, in conjunction with the Ministry of Public Security, the Ministry of State Security, and the Ministry of Justice, developed the Guiding Opinions on the Application of the Leniency System for Admitting Guilt and Accepting Punishment (hereinafter referred to as the "Guiding Opinions"), which are hereby issued to you for your implementation based on actual circumstances. You are notified of the specific work requirements as follows: 为正确实施刑事诉讼法新规定,精准适用认罪认罚从宽制度,确保严格公正司法,推动国家治理体系和治理能力现代化,最高人民法院、最高人民检察院会同公安部、国家安全部、司法部制定了《关于适用认罪认罚从宽制度的指导意见》(以下简称《指导意见》),现予印发,请结合实际贯彻执行。具体工作要求通知如下:
I. Fully understanding the significance of establishing the leniency system for admitting guilt and accepting punishment. Leniency for admitting guilt and accepting punishment is an important system specified in the Criminal Procedure Law as revised in 2018 and a significant measure to fully implement the criminal policy of tempering justice with mercy. People's courts, people's procuratorates, public security authorities, state security authorities, and justice authorities at all levels shall, from the perspective of promoting the modernization of the national governance system and governance capacity, fully understand the significance of the system for promptly and effectively punishing crimes, strengthening judicial guarantees for human rights, optimizing the allocation of justice resources, improving the efficiency of criminal actions, solving social conflicts and disputes, and enhancing social harmony and stability, strengthen the assumption of responsibility, have the courage to actively act, advance the implementation of the system in depth, and ensure the effectiveness of the system.   一、充分认识设立认罪认罚从宽制度的重大意义。认罪认罚从宽是2018年修改后刑事诉讼法规定的一项重要制度,是全面贯彻宽严相济刑事政策的重要举措。各级人民法院、人民检察院、公安机关、国家安全机关、司法行政机关要站在推动国家治理体系和治理能力现代化的高度,充分认识这项制度对及时有效惩治犯罪、加强人权司法保障、优化司法资源配置、提高刑事诉讼效率、化解社会矛盾纠纷、促进社会和谐稳定的重要意义,强化责任担当,敢于积极作为,深入推进制度贯彻实施,确保制度效用有效发挥。
II. Strengthening organizational leadership and business guidance. People's courts, people's procuratorates, public security authorities, state security authorities, and justice authorities at all levels shall strengthen organizational leadership, implement the application of the leniency system for admitting guilt and accepting punishment as an important task, research the formulation of implementation plans or detailed implementation rules according to the Guiding Opinions, closely based on local actual circumstances, and respectively making filings with the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security, the Ministry of National Security, and the Ministry of Justice level by level. People's courts, people's procuratorates, public security authorities, state security authorities, and justice authorities at all levels shall strengthen the study of and training in the relevant provisions of the Criminal Procedure Law as well as the Guiding Opinions and other normative documents, clarify working principles and requirements, unify their thinking and understanding, and improve their capability to handle cases related to admitting guilt and accepting punishment. People's courts, people's procuratorates, public security authorities, state security authorities, and justice authorities at all levels shall strengthen business guidance, carry out in-depth investigation and research, keep abreast of local advancement, and ensure that the work is conducted in a well-regulated and orderly manner.   二、加强组织领导和业务指导。各级人民法院、人民检察院、公安机关、国家安全机关、司法行政机关要加强组织领导,将适用认罪认罚从宽制度作为重要工作来落实,紧密结合本地实际,根据《指导意见》研究制定实施方案或实施细则,分别层报最高人民法院、最高人民检察院、公安部、国家安全部、司法部备案。要加强对刑事诉讼法有关规定和《指导意见》等规范性文件的学习和培训,明确工作原则和要求,统一思想认识,提高办理认罪认罚案件的能力。要加强业务指导,深入开展调查研究,及时掌握本地区推进情况,确保工作规范有序开展。
III. Strengthening coordination and cooperation. The leniency system for admitting guilt and accepting punishment relates to criminal investigation, arrest, prosecution, trial, and other litigation links as well as people's courts, people's procuratorates, public security authorities, state security authorities, justice authorities, and other authorities. People's courts, people's procuratorates, public security authorities, state security authorities, and justice authorities at all levels shall, on the basis of assuming responsibilities according to the division of labor and attending to their respective duties, strengthen communication, coordination, and cooperation, establish green channels, dedicated points of contact, regular notifications, joint meetings, and other systems, promptly study and solve problems that arise in practice, and join forces to conduct implementation. For the understrength of legal aid institutions, difficulties in funding guarantees, and other problems, justice authorities shall actively seek the support of CPC committees and governments, include the subsidies for duty lawyers in the scope of legal aid business expenditures, and determine subsidy standards reasonably.   三、加强协调配合。认罪认罚从宽制度涉及侦查、批捕、起诉、审判等各个诉讼环节,涉及人民法院、人民检察院、公安机关、国家安全机关、司法行政机关等多个部门。各级人民法院、人民检察院、公安机关、国家安全机关、司法行政机关在分工负责、各司其职的基础上,要加强沟通、协调和配合,建立绿色通道、专人联络、定期通报、联席会议等制度,及时研究解决实践中出现的问题,形成贯彻实施合力。对法律援助机构人员紧缺、经费保障困难等问题,司法行政机关要积极争取党委和政府支持,将值班律师补贴纳入法律援助业务经费开支范围并合理确定补贴标准。
IV. Strengthening supervision and restriction. Strengthening supervision and restriction is an important means to ensure the correct application and fair operation of the leniency system for admitting guilt and accepting punishment and prevent judicial corruption problems such as "exchanging powers" and "trading power for and money." People's courts, people's procuratorates, public security authorities, state security authorities, and justice authorities at all levels shall improve the supervision and restriction mechanism, effectively prevent the integrity risk that may arise from the application of the leniency system for admitting guilt and accepting punishment, and consolidate the institutional fence that frustrates and deters corruption. People's courts, people's procuratorates, public security authorities, state security authorities, and justice authorities at all levels shall enhance the supervision of the handling of cases related to admitting guilt and accepting punishment, focus supervisory inspection on cases with circumstances such as a relatively wide range of lenient punishment, switching between procedures, reneging after admitting guilt and accepting punishment, drawing much public attention, and public reporting, enhance the quality and effect of cases, and ensure the unified and correct application of the system.   四、加强监督制约。加强监督制约是确保认罪认罚从宽制度正确适用和公正运行,防止产生“权权交易”、“权钱交易”等司法腐败问题的重要手段。各级人民法院、人民检察院、公安机关、国家安全机关、司法行政机关要健全监督制约机制,切实防范认罪认罚从宽制度适用中可能产生的廉政风险,筑牢不能腐、不敢腐的制度篱笆。要加强对认罪认罚案件办理情况的监督,将具有从宽幅度较大、程序互相转换、认罪认罚后又反悔、社会关注度高、群众有反映等情形的案件作为监督评查的重点,促进提升案件质量和效果,确保制度统一正确适用。
Supreme People's Court 最高人民法院
Supreme People's Procuratorate 最高人民检察院
Ministry of Public Security 公安部
Ministry of State Security 国家安全部
Ministry of Justice 司法部
October 11, 2019 2019年10月11日
Guiding Opinions of the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security, the Ministry of State Security and the Ministry of Justice on the Application of the Leniency System for Admitting Guilt and Accepting Punishment 最高人民法院、最高人民检察院、公安部、国家安全部、司法部关于适用认罪认罚从宽制度的指导意见
The application of the leniency system for admitting guilt and accepting punishment is of great significance for accurately and promptly punishing crimes, strengthening judicial protection of human rights, promoting separation between complicated cases and simple cases, saving judicial resources, resolving social conflicts, and boosting the modernization of the national governance system and governance capacity. For the purposes of implementing the Criminal Procedure Law as revised and ensuring the correct and effective implementation of the leniency system for admitting guilt and accepting punishment, these Opinions are formulated in accordance with the laws and relevant provisions, based on the actual judicial work. 适用认罪认罚从宽制度,对准确及时惩罚犯罪、强化人权司法保障、推动刑事案件繁简分流、节约司法资源、化解社会矛盾、推动国家治理体系和治理能力现代化,具有重要意义。为贯彻落实修改后刑事诉讼法,确保认罪认罚从宽制度正确有效实施,根据法律和有关规定,结合司法工作实际,制定本意见。
I. Basic principles 

一、基本原则

1. Implementing the criminal policy of combining leniency with strictness. To implement the leniency system for admitting guilt and accepting punishment, the nature of cases, circumstances, and the degree of harm to society shall be distinguished based on the specific conditions of crimes, and differentiated treatment shall be implemented, so as to achieve that leniency is granted if due, strictness is ensured if required, leniency is combined with strictness, and the punishment fits the crime. Cases related to admitting guilt and accepting punishment in which a fixed-term imprisonment of not more than three years may be imposed shall be handled in a simple, expeditious and lenient manner, as legally required, as much as possible, and corresponding handling principles and case handling methods shall be explored; for crimes caused by civil conflicts, if criminal suspects and defendants voluntarily admit guilt, sincerely repent of their crimes, receive forgiveness, reach a settlement, and have not seriously affected the people's sense of security, the leniency system for admitting guilt and accepting punishment shall actively applied, and leniency shall be reflected especially for first offenders, occasional offenders, negligent offenders, and juvenile offenders who cause relatively trivial harm to society; and for serious crimes against state security or public security, serious violent crimes, and major sensitive cases drawing widespread public attention, leniency shall be prudentially considered, so as to avoid handling cases in manifest contravention of the people's concept of fairness and justice. 1.贯彻宽严相济刑事政策。落实认罪认罚从宽制度,应当根据犯罪的具体情况,区分案件性质、情节和对社会的危害程度,实行区别对待,做到该宽则宽,当严则严,宽严相济,罚当其罪。对可能判处三年有期徒刑以下刑罚的认罪认罚案件,要尽量依法从简从快从宽办理,探索相适应的处理原则和办案方式;对因民间矛盾引发的犯罪,犯罪嫌疑人、被告人自愿认罪、真诚悔罪并取得谅解、达成和解、尚未严重影响人民群众安全感的,要积极适用认罪认罚从宽制度,特别是对其中社会危害不大的初犯、偶犯、过失犯、未成年犯,一般应当体现从宽;对严重危害国家安全、公共安全犯罪,严重暴力犯罪,以及社会普遍关注的重大敏感案件,应当慎重把握从宽,避免案件处理明显违背人民群众的公平正义观念。
2. Adhering to the principle that crime, responsibility and punishment fit each other. When cases related to admitting guilt and accepting punishment are handled, consideration shall be given not only to reflecting leniency for those admitting guilt and accepting punishment, but also to the severity of the crimes committed, the criminal responsibility required to be assumed, and the degree of personal danger, sentencing recommendations shall be offered according to the law, and punishment shall be accurately determined, so as to ensure that the punishment fits the crime and avoid the imbalance between crime and punishment. Especially in a case of joint crime where the principal admits guilt and accepts punishment, and an accessory refuses to do so, the people's court and the people's procuratorate shall pay attention to balancing the sentencing of the principal and the accessory so as to prevent a serious deviation from ordinary judicial understanding caused by improper sentencing. 2.坚持罪责刑相适应原则。办理认罪认罚案件,既要考虑体现认罪认罚从宽,又要考虑其所犯罪行的轻重、应负刑事责任和人身危险性的大小,依照法律规定提出量刑建议,准确裁量刑罚,确保罚当其罪,避免罪刑失衡。特别是对于共同犯罪案件,主犯认罪认罚,从犯不认罪认罚的,人民法院、人民检察院应当注意两者之间的量刑平衡,防止因量刑失当严重偏离一般的司法认知。
3. Adhering to the principle of evidentiary adjudication. Cases related to admitting guilt and accepting punishment shall be handled based on facts and the law, in strict accordance with the requirements for evidentiary adjudication, with evidence comprehensively collected, perpetuated, reviewed and determined. The statutory standards of proof shall be adhered to, and for terminating criminal investigation, filing a public prosecution, and conviction, clear facts of crimes and conclusive and sufficient evidence shall be achieved, so as to prevent the relaxation of evidential requirements and standards of proof because criminal suspects and defendants admit guilt. If a criminal suspect or defendant admits guilt and accepts punishment, but fails to be found guilty because of insufficient evidence, a decision to dismiss the case or not to prosecute or an acquittal shall be made. 3.坚持证据裁判原则。办理认罪认罚案件,应当以事实为根据,以法律为准绳,严格按照证据裁判要求,全面收集、固定、审查和认定证据。坚持法定证明标准,侦查终结、提起公诉、作出有罪裁判应当做到犯罪事实清楚,证据确实、充分,防止因犯罪嫌疑人、被告人认罪而降低证据要求和证明标准。对犯罪嫌疑人、被告人认罪认罚,但证据不足,不能认定其有罪的,依法作出撤销案件、不起诉决定或者宣告无罪。
4. Adhering to the principle of cooperation and restriction among public security authorities, procuratorates, and courts When handling cases related to admitting guilt and accepting punishment, public security authorities, procuratorates, and courts shall be responsible based on division of labor, cooperate with and restrict each other, ensure that criminal suspects and defendants voluntarily admit guilt and accept punishment, and advance the implementation of leniency in accordance with the law. Public security authorities, procuratorates, and courts shall strictly enforce the law, fairly administer the law, strengthen the supervision of their own law enforcement, administration of law, and case-handling activities, and prevent judicial corruption problems such as "exchanging powers" and "trading power for and money." 4.坚持公检法三机关配合制约原则。办理认罪认罚案件,公、检、法三机关应当分工负责、互相配合、互相制约,保证犯罪嫌疑人、被告人自愿认罪认罚,依法推进从宽落实。要严格执法、公正司法,强化对自身执法司法办案活动的监督,防止产生“权权交易”、“权钱交易”等司法腐败问题。
II. Scope of and conditions for application 

二、适用范围和适用条件

5. Stages for application and scope of applicable cases. The leniency system for admitting guilt and accepting punishment shall underpin criminal actions throughout and apply to all stages including criminal investigation, prosecution and trial. 5.适用阶段和适用案件范围。认罪认罚从宽制度贯穿刑事诉讼全过程,适用于侦查、起诉、审判各个阶段。
The leniency system for admitting guilt and accepting punishment may apply to all criminal cases, instead of being limited to applicable crimes and possible punishment, and no criminal suspect or defendant may be deprived of the opportunity to receive lenient punishment by admitting guilt and accepting punishment for reasons such as a trivial crime, felony or special crimes. However, "may apply" is not application to all, and whether criminal suspects and defendants receive lenient punishment after admitting guilt and accepting punishment shall be determined by the judicial authorities according to the specific circumstances of the cases. 认罪认罚从宽制度没有适用罪名和可能判处刑罚的限定,所有刑事案件都可以适用,不能因罪轻、罪重或者罪名特殊等原因而剥夺犯罪嫌疑人、被告人自愿认罪认罚获得从宽处理的机会。但“可以”适用不是一律适用,犯罪嫌疑人、被告人认罪认罚后是否从宽,由司法机关根据案件具体情况决定。
6. The understanding of "admitting guilt." For the purpose of the leniency system for admitting guilt and accepting punishment, "admitting guilt" means that criminal suspects and defendants voluntarily admit guilt without any objection to the facts of the alleged crimes. If a criminal suspect or defendant admits the main criminal facts alleged and objects only to individual facts and circumstances, or argues for the nature of his or her conduct but states his or her acceptance of the determination opinion of the judicial authority, the determination of "admitting guilt" is not affected. If a criminal suspect or defendant commits several crimes and states only one of the crimes or part of the criminal facts, "admitting guilts" shall not be determined for the whole case, and the leniency system for admitting guilt and accepting punishment is inapplicable. Nevertheless, for the part which the criminal suspect or defendant states truthfully, the people's procuratorate may propose for lenient punishment, and the people's court may impose lenient punishment. 6.“认罪”的把握。认罪认罚从宽制度中的“认罪”,是指犯罪嫌疑人、被告人自愿如实供述自己的罪行,对指控的犯罪事实没有异议。承认指控的主要犯罪事实,仅对个别事实情节提出异议,或者虽然对行为性质提出辩解但表示接受司法机关认定意见的,不影响“认罪”的认定。犯罪嫌疑人、被告人犯数罪,仅如实供述其中一罪或部分罪名事实的,全案不作“认罪”的认定,不适用认罪认罚从宽制度,但对如实供述的部分,人民检察院可以提出从宽处罚的建议,人民法院可以从宽处罚。
7. The understanding of "accepting punishment." For the purpose of the leniency system for admitting guilt and accepting punishment, "accepting punishment" means that criminal suspects and defendants sincerely repent of their crimes and are willing to accept punishment. "Accepting punishment" is represented by a willingness to accept punishment in the criminal investigation stage; by the acceptance of the people's procuratorate's proposed decision to prosecute or not to prosecute, recognition of the people's procuratorate's sentencing recommendations, and signing of a recognizance to admit guilt and accept punishment, in the examination and prosecution stage; and by a confirmation of the voluntary signing of a recognizance before court and a willing to accept punishment in the trial stage. 7.“认罚”的把握。认罪认罚从宽制度中的“认罚”,是指犯罪嫌疑人、被告人真诚悔罪,愿意接受处罚。“认罚”,在侦查阶段表现为表示愿意接受处罚;在审查起诉阶段表现为接受人民检察院拟作出的起诉或不起诉决定,认可人民检察院的量刑建议,签署认罪认罚具结书;在审判阶段表现为当庭确认自愿签署具结书,愿意接受刑罚处罚。
The examination of "accepting punishment" shall be focused on the attitude of criminal suspects and defendants towards repentance and the signs of their repentance, taking into account factors such as disgorging illegal gains, making compensation for losses, and making an apology. If a criminal suspect or defendant "accepts punishment," but secretly makes a false confession in collusion, interferes with a witness' giving testimony, destroys or forges evidence, or conceals or transfers property, or fails to make compensation for loss though he or she is capable of doing so, the leniency system for admitting guilt and accepting punishment shall not be applied. Any criminal suspect or defendant has a choice of procedure, and if he or she disagrees with the application of expedited procedure or summary procedure, the determination of "accepting punishment" is not affected. “认罚”考察的重点是犯罪嫌疑人、被告人的悔罪态度和悔罪表现,应当结合退赃退赔、赔偿损失、赔礼道歉等因素来考量。犯罪嫌疑人、被告人虽然表示“认罚”,却暗中串供、干扰证人作证、毁灭、伪造证据或者隐匿、转移财产,有赔偿能力而不赔偿损失,则不能适用认罪认罚从宽制度。犯罪嫌疑人、被告人享有程序选择权,不同意适用速裁程序、简易程序的,不影响“认罚”的认定。
III. Understanding of "leniency" after admission of guilt and acceptance of punishment 

三、认罪认罚后“从宽”的把握

8. Understanding of "leniency." Lenient punishment includes substantive lenient punishment and procedural simplicity. "May impose lenient punishment" means that in general, the spirit of the law and policy shall be reflected to impose lenient punishment. However, "may impose a lenient punishment" is not to impose lenient punishment in any case, and for criminal suspects and defendants who commit crimes of a particularly serious nature and resulting in particularly serious harmful consequences, or by particularly cruel means, or having particularly bad social impacts, if their admission of guilt and acceptance of punishment are insufficient for light punishment, lenient punishment shall be denied in accordance with the law. 8.“从宽”的理解。从宽处理既包括实体上从宽处罚,也包括程序上从简处理。“可以从宽”,是指一般应当体现法律规定和政策精神,予以从宽处理。但可以从宽不是一律从宽,对犯罪性质和危害后果特别严重、犯罪手段特别残忍、社会影响特别恶劣的犯罪犯罪嫌疑人、被告人,认罪认罚不足以从轻处罚的,依法不予从宽处罚。
When cases related to admitting guilt and accepting punishment are handled, whether and how to impose lenient punishment shall be decided in accordance with the law, by the basic principles of the Criminal Law and the Criminal Procedure Law, based on the facts, nature, circumstances and degree of harm to society, in light of the statutory and discretionary sentencing circumstances, taking into account the specific circumstances of admitting guilt and accepting punishment. The reduction of or exemption from punishment shall be based on the law; in the absence of circumstances for a reduced punishment, sentencing recommendations for a light punishment and the determination of a sentence shall be made within the statutory range; and if the circumstances of a crime are so trivial as to render punishment unnecessary, a decision not to prosecute or a judgment to grant exemption from punishment may be rendered according to the law. 办理认罪认罚案件,应当依照刑法刑事诉讼法的基本原则,根据犯罪的事实、性质、情节和对社会的危害程度,结合法定、酌定的量刑情节,综合考虑认罪认罚的具体情况,依法决定是否从宽、如何从宽。对于减轻、免除处罚,应当于法有据;不具备减轻处罚情节的,应当在法定幅度以内提出从轻处罚的量刑建议和量刑;对其中犯罪情节轻微不需要判处刑罚的,可以依法作出不起诉决定或者判决免予刑事处罚。
9. Understanding of the leniency range. When cases related to admitting guilt and accepting punishment are handled, the limits and range of leniency shall be determined in comprehensive consideration of distinguishing between different litigation stages for admitting guilt and accepting punishment, the value and significance of ascertaining the facts of cases, whether there show signs of repentance, and the severity of crimes, among others. In terms of punishment-based assessment, voluntary admission is better than involuntary admission, early admission is better than late admission, thorough admission is better than partial admission, and stable admission is better than unstable admission. 9.从宽幅度的把握。办理认罪认罚案件,应当区别认罪认罚的不同诉讼阶段、对查明案件事实的价值和意义、是否确有悔罪表现,以及罪行严重程度等,综合考量确定从宽的限度和幅度。在刑罚评价上,主动认罪优于被动认罪,早认罪优于晚认罪,彻底认罪优于不彻底认罪,稳定认罪优于不稳定认罪。
The leniency range for admitting guilt and accepting punishment shall generally be greater than that for only confession or for admitting guilt without accepting punishment. If a criminal suspect or defendant has voluntary surrender and confession circumstances, admits guilt, and accepts punishment, a greater leniency range shall be allowed within the statutory sentence range. Admitting guilt and accepting punishments as well as voluntary surrender and confession shall not be assessed repeatedly. 认罪认罚的从宽幅度一般应当大于仅有坦白,或者虽认罪但不认罚的从宽幅度。对犯罪嫌疑人、被告人具有自首、坦白情节,同时认罪认罚的,应当在法定刑幅度内给予相对更大的从宽幅度。认罪认罚与自首、坦白不作重复评价。
For those committing relatively minor criminal acts and presenting relatively little danger to the person, especially first offenders and occasional offenders, a greater leniency range may be allowed; and for those committing relatively severe criminal acts and presenting relatively grave danger to the person, recidivists and re-offenders, the leniency range shall be strictly controlled. 对罪行较轻、人身危险性较小的,特别是初犯、偶犯,从宽幅度可以大一些;罪行较重、人身危险性较大的,以及累犯、再犯,从宽幅度应当从严把握。
IV. Guarantees of the right to defense of criminal suspects and defendants 

四、犯罪嫌疑人、被告人辩护权保障

10. The right to legal assistance. People's courts, people's procuratorates, and public security authorities handling cases related to admitting guilt and accepting punishment shall guarantee that criminal suspects and defendants receive effective legal assistance and ensure that they understand the nature and legal consequences of admitting guilt and accepting punishment and voluntarily admit guilt and accept punishment. 10.获得法律帮助权。人民法院、人民检察院、公安机关办理认罪认罚案件,应当保障犯罪嫌疑人、被告人获得有效法律帮助,确保其了解认罪认罚的性质和法律后果,自愿认罪认罚。
If a criminal suspect or defendant voluntarily admits guilt and accepts punishment without a defender, the people's court, people's procuratorate, or public security authority (detention house) shall so notify as to enable the duty lawyer to provide him or her with legal assistance such as legal advice, advice on choice of procedure, and application for modifications to compulsory measures. If the conditions for notice of defense are met, a legal aid institution shall be notified in accordance with the law of appointing a lawyer to defend him or her. 犯罪嫌疑人、被告人自愿认罪认罚,没有辩护人的,人民法院、人民检察院、公安机关(看守所)应当通知值班律师为其提供法律咨询、程序选择建议、申请变更强制措施等法律帮助。符合通知辩护条件的,应当依法通知法律援助机构指派律师为其提供辩护。
People's courts, people's procuratorates, and public security authorities (detention houses) shall notify criminal suspects and defendants of their right to meet with their duty lawyers and obtain legal assistance and facilitate them in meeting with their duty lawyers. If a criminal suspect or defendant, or any of his or her close relatives requests legal assistance, the people's court, people's procuratorate, or public security authority (detention house) shall notify the duty lawyer of providing him or her with legal assistance. 人民法院、人民检察院、公安机关(看守所)应当告知犯罪嫌疑人、被告人有权约见值班律师,获得法律帮助,并为其约见值班律师提供便利。犯罪嫌疑人、被告人及其近亲属提出法律帮助请求的,人民法院、人民检察院、公安机关(看守所)应当通知值班律师为其提供法律帮助。
11. Stationing duty lawyers. Legal aid institutions may station duty lawyers at people's courts, people's procuratorates, and detention houses. The people's courts, people's procuratorates, and detention houses shall provide necessary business accommodation and facilities for the duty lawyers. 11.派驻值班律师。法律援助机构可以在人民法院、人民检察院、看守所派驻值班律师。人民法院、人民检察院、看守所应当为派驻值班律师提供必要办公场所和设施。
Legal aid institutions shall, on the basis of the legal assistance needs of people's courts, people's procuratorates, and detention houses and local legal service resources, reasonably arrange duty lawyers. Duty lawyers may be on duty on a regular basis or on a rotating basis, and regions where there is a shortage of lawyer resources may, by exploring a combination of being on duty on site with being on duty by telephone and the Internet, establish joint work stations adjacent to people's courts and people's procuratorates, coordinate the allocation of intra-province and intra-city lawyer resources, and guarantee by establishing a government procurement of duty lawyer services mechanism and other means that duty lawyers for legal aid conduct their work in an orderly manner. 法律援助机构应当根据人民法院、人民检察院、看守所的法律帮助需求和当地法律服务资源,合理安排值班律师。值班律师可以定期值班或轮流值班,律师资源短缺的地区可以通过探索现场值班和电话、网络值班相结合,在人民法院、人民检察院毗邻设置联合工作站,省内和市内统筹调配律师资源,以及建立政府购买值班律师服务机制等方式,保障法律援助值班律师工作有序开展。
12. Duties of duty lawyers. Duty lawyers shall safeguard the lawful rights and interests of criminal suspects and defendants and ensure that criminal suspects and defendants voluntarily admit guilt and accept punishment with a full understanding of the nature and legal consequences of admitting guilt and accepting punishment. A duty lawyer shall provide the following legal assistance to the criminal suspect or defendant who admit guilts and accepts punishment:
......
 12.值班律师的职责。值班律师应当维护犯罪嫌疑人、被告人的合法权益,确保犯罪嫌疑人、被告人在充分了解认罪认罚性质和法律后果的情况下,自愿认罪认罚。值班律师应当为认罪认罚的犯罪嫌疑人、被告人提供下列法律帮助:
......

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