Chuzhou Langya District People's Procuratorate

Criminal protest

(Applicable to the second instance procedure)

LJYBS XK [2020] No. 6

People's Court of Langya District, Chuzhou City with (2020) Wan 1102 Xing Chu No. 160 In the judgment, the defendant Zhu Moumou was sentenced to two months' detention and a fine of 5000 yuan for the crime of dangerous driving. After examination in accordance with the law, the Court believes that the judgment is wrong, and the reasons are as follows:

When Langya District People's Procuratorate initiated a public prosecution, the defendant Zhu Moumou voluntarily pleaded guilty and admitted punishment, and signed a written statement of confession and punishment in the presence of the lawyer on duty. Based on the defendant Zhu Moumou pleaded guilty and admitted punishment, Langya District People's Procuratorate proposed to detain him for two months and impose a fine of 5000 yuan. The defendant also voluntarily pleaded guilty in court, and the court of first instance sentenced him to two months of detention and a fine of 5000 yuan. During the appeal period, the defendant lodged an appeal to prove that he had made a false confession of guilt to avoid heavier punishment, which obviously did not conform to the law, and his sentence should be increased.

To sum up, the Court believes that the defendant Zhu Moumou, in order to avoid punishment, falsely pleaded guilty and pleaded guilty to punishment, and defrauded a lighter punishment in the first instance. The sentencing is obviously improper. In order to maintain judicial fairness and accurately punish crimes, we hereby lodge a protest in accordance with the provisions of Article 228 of the Criminal Procedure Law of the People's Republic of China and apply for a sentence according to law.

Sincerely

Chuzhou Intermediate People's Court of Anhui Province

July 28, 2020