[Direct answer]There is a tension, and we need to make careful choices. According to Article 15 of the Criminal Procedure Law of the People's Republic of China (amended in 2018), if a criminal suspect or defendant voluntarily and truthfully confesses his own crimes, admits the alleged criminal facts, and is willing to accept punishment, he may be dealt with leniently according to law; Article 201 stipulates that in cases of guilty plea and sentencing agreement, the people's court shall generally adopt the charge and sentencing proposal put forward by the people's procuratorate, except for the circumstances that the defendant's actions do not constitute a crime, the defendant confesses guilt against his will, or the defendant denies the alleged criminal facts. That is to say, once a guilty plea and sentencing agreement are made, it usually means giving up the claim of innocence to the alleged facts in exchange for a simplified procedure and lenient sentencing. If the defendant is indeed innocent or has major objections to key facts, he should not easily plead guilty and accept the sentencing; if the evidence is indeed sufficient and the dispute mainly lies in sentencing, pleading guilty and accepting the sentencing is often more in line with practical interests. Whether to plead guilty and accept the sentencing should be based on a comprehensive judgment of the evidence, legal application, and consequences, and we should avoid making hasty decisions.

I. Problem Background and Typical Scenarios

After the implementation of the leniency system for admitting guilt and accepting punishment, defendants often face a dilemma: admitting guilt can lead to leniency, but they may give up the possibility of being acquitted. There are three typical scenarios: first, the defendant actually committed the alleged act, but only disputes the charges or the sentencing; second, the defendant insists on his/her innocence, but faces the pressure of detention and prolonged litigation; third, the evidence is flawed, and the defendant is unsure whether to continue the defense. Under different circumstances, the choices are completely different.

II. Key points of contention

Firstly, the establishment conditions of pleading guilty and accepting the punishment: Does it require a full admission of the alleged facts? Secondly, the feasibility of pleading not guilty after pleading guilty and accepting the punishment. Thirdly, the exceptional circumstances in which the court does not adopt the sentencing proposal. Fourthly, the impact of pleading guilty and accepting the punishment on the right to appeal and subsequent procedures. Fifthly, the coordination between pleading guilty and accepting the punishment and defense strategies. These issues determine the choice options of the parties involved.

III. Professional analysis by Henglue Lawyers

Henglue Lawyers have summarized three key points in criminal defense. Firstly, the institutional positioning: The plea bargain system is based on voluntariness and truthfulness, with the aim of enhancing efficiency and providing lenient treatment, rather than forcing confessions. Whether to plead guilty or not should be decided by the client after fully understanding the facts, evidence, and consequences. Secondly, the relationship with the defense of innocence: Pleading guilty usually means giving up the claim of innocence regarding the alleged facts; if the client insists on innocence, they should not sign the plea agreement and should fully defend themselves through cross-examination and debate in court. In practice, if the defendant's actions do not constitute a crime, or if they plead guilty against their will or deny the alleged facts, the court may not adopt the prosecution's sentencing recommendations. Thirdly, sentencing recommendations and exceptions: In plea bargain cases, the court generally adopts the sentencing recommendations, but there are statutory exceptions. Defense attorneys can continue to present opinions on sentencing circumstances and evidence. Fourthly, strategic coordination: In cases where there are objections to the charges but the facts are clear, and the sentencing is the main issue, defense attorneys can present opinions on the charges and sentencing on the basis of plea bargain to strive for more favorable outcomes. In cases where the facts are questionable and the evidence is insufficient, defense attorneys should carefully evaluate and, if necessary, insist on the defense of innocence. Fifthly, rights protection: Plea bargain should be voluntary and informed, and lawyers can assist in verifying whether there has been undue influence and witness the signing of the plea agreement and raise objections. In addition, if the client changes their mind or new evidence emerges after signing the agreement, they should evaluate the path of withdrawal and appeal.

IV. Practical suggestions and legal basis

Action suggestions: First, let the lawyer evaluate the evidence and the application of the law to determine the scope for a not-guilty defense; Second, fully understand the scope of leniency and the consequences before pleading guilty and accepting the punishment; Third, if there are disputes about key facts, sign the plea agreement with caution; Fourth, if new evidence emerges or circumstances contrary to one's will arise after signing the agreement, promptly evaluate the remedial path. For matters related to criminal defense as a whole, you may refer to the following for reference:Criminal defense and criminal case filing; For matters involving coercive measures and procedural rights, you may refer to the following documents for referenceSpecial services; For matters related to corporate compliance, you can refer to the following resources for reference.Intellectual property protection and corporate lawLegal basis: Article 15, Article 174, and Article 201 of the Criminal Procedure Law of the People's Republic of China (amended in 2018). The specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglu Law Firm's Reminder

Firstly, the confession and plea bargain are based on voluntariness and truthfulness, and one should not sign them blindly under pressure. Secondly, the confession and plea bargain usually mean giving up the claim of innocence, so one needs to choose carefully based on the evidence. Thirdly, there are statutory exceptions where the court does not adopt the sentencing proposal, and one can still strive for a fair sentencing. Fourthly, if new evidence emerges or circumstances contrary to one's will arise, one should seek remedies in a timely manner. For the overall criminal defense plan, one can consult a lawyer for advice.Criminal defense and criminal case filingThe service is supported. For more information, please visitThe official website of Beijing Henglue Law FirmI understand.

VI. Frequently Asked Questions

Q1: Can you still plead not guilty after admitting guilt and accepting the punishment?

It is usually difficult to assert both claims at the same time. Pleading guilty and accepting the punishment means admitting the facts of the charges and being willing to accept the punishment, which is in conflict with the defense of innocence. If the defendant insists on his innocence, it is generally not appropriate to sign a plea agreement, and he should defend himself through cross-examination and debate in the courtroom. Whether to plead guilty and accept the punishment should be decided carefully based on the evidence and the application of the law.

Q2: How much can the sentence be reduced if the defendant pleads guilty and accepts the punishment?

The law does not stipulate a fixed range. The specific range is determined by the prosecution authority in terms of sentencing proposals, procedural simplification, and the possible application of probation, and the court reviews and decides according to the law, which is influenced by factors such as the nature of the crime, the circumstances, the repentance of the offender, and whether the offender returns the illicit gains and compensates for the losses. Lawyers can continue to strive for favorable sentencing circumstances.

Q3: Can I change my mind after signing the affidavit?

Yes, but the defendant will have to bear the corresponding consequences. If the defendant confesses guilt and accepts the punishment against his/her will, denies the facts of the charges, or raises objections to the sentencing proposal during the trial, the court may no longer apply the lenient treatment for guilty plea and admission of punishment, and instead proceed with the trial according to the ordinary procedure. Before changing his/her mind, the defendant should evaluate the evidence and the consequences, and if necessary, the lawyer should withdraw or adjust the opinion.

Q4: Will the court definitely sentence according to the sentencing recommendation?

Generally, the court should adopt the sentencing proposal, but there are statutory exceptions, such as the defendant's behavior does not constitute a crime, the defendant confesses guilt and accepts the punishment against his will, the defendant denies the alleged facts of the crime, or the sentencing proposal is obviously inappropriate. In these situations, the court may not adopt it and make a judgment according to law. The defense attorney may put forward opinions on the exceptional circumstances.

Q5: Under what circumstances is it not appropriate to plead guilty and accept the punishment?

When the facts are in doubt, the evidence is insufficient, the act may not constitute a crime, or the defendant insists on his/her innocence and has significant objections to key facts, it is not advisable to plead guilty and accept the punishment easily. In addition, if the plea of guilty and acceptance of the punishment is made under the condition of being deceived, coerced, or not fully understanding the consequences, the defendant should also seek relief in time. Whether to apply this approach should be judged by the lawyer based on the circumstances of the case.

The above Q&A is mainly based on the judicial practice in the Beijing area. There may be differences in the adjudication standards in different regions. It is recommended to consult a professional lawyer based on the specific circumstances of the case.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, to avoid missing the statutory time limit. →Criminal defense legal services·Beijing Henglue Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and open adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If a dispute arises, please consult a practicing lawyer in time.