In movies and TV series, we often hear the police saying to the suspect, "Be lenient in your confession, and strict in your resistance." Legal gas station
So, is there a legal basis for "confession and leniency"? In criminal cases, can "confession" really be "lenient"?
Let's take a look at what the Code of Criminal Procedure says.
1) Article 15 of the Code of Criminal Procedure provides:
Where criminal suspects or defendants voluntarily and truthfully confess their own crimes, admit the facts of the crime as charged, and are willing to accept punishment, they may be given a lenient disposition in accordance with law.
2) Article 182 of the Code of Criminal Procedure provides:
Where criminal suspects voluntarily and truthfully confess the facts of the crime they are suspected of, have made major meritorious contributions, or the case involves major national interests, upon approval by the Supreme People's Procuratorate, the public security organs may withdraw the case, and the people's procuratorate may make a decision not to prosecute, and may also not prosecute one or more of the suspected crimes.
Where a case is not prosecuted or withdrawn on the basis of the provisions of the preceding paragraph, the people's procuratorate and public security organ shall promptly dispose of the sealed, seized, or frozen property and its fruits.
It can be seen that there is a legal basis for the phrase "confession and leniency".
Truthfully confessing a crime has a direct bearing on the severity of criminal punishment for criminal suspects and defendants.
In real life, many people think that "confession and leniency" is just a means for the police to induce confessions, which is an extremely wrong understanding.
If a criminal suspect truthfully confesses the crime, admits the facts of the crime as charged, and is willing to accept punishment, he may receive a lenient disposition in accordance with law.