How a criminal defense lawyer conducts a not guilty plea

If there is no justification for a not-guilty defense, if there are statutory leniency circumstances other than that of a minor (such as a successful accomplice defense) and he is a student at school, he may strive for a non-prosecution defense or a conviction and exemption defense; In the absence of the foregoing, a defense. Whether or not a good result can be obtained in the end depends on whether "all" facts and circumstances favorable to the defendant can be found, and whether they can be explained concisely, concisely, reasonably, well-founded, and forcefully to the case-handling organs in a "timely" manner This requires a certain amount of criminal legal literacy and defense language skills.

Article 37 of the Criminal Procedure Law: The responsibility of a defender is to submit materials and opinions on the innocence of the criminal suspect or defendant, the minor crime, or the commutation or exemption of responsibility for the criminal suspect or defendant on the basis of the facts and law, and to preserve the procedural rights and other lawful rights and interests of the suspect or defendant suspected of committing a crime.

Legal analysis: The defense of innocence refers to the defense of innocence made by the defendant and his ** lawyer in the trial, and there are only two results. One possibility is that the prosecutor is upheld by the court and the defendant is found guilty; The other is that the defendant was acquitted.

The principle of not guilty defense refers to the norms that lawyers must abide by in the process of defending the defendant.

1. In criminal proceedings, the defendant and his defender (at the discretion of the defendant, the defender can only provide legal advice or opinions) may make a guilty or not guilty defense according to the facts of the case.

2. The defense of innocence refers to the defense of innocence of the defendant and his lawyer in the trial, and there are only two results, one is that the prosecutor is supported by the court, and the defendant is found guilty. One is that the defendant won the case and was acquitted. However, because it is very difficult for the defendant to turn the tables and win in a case that is generally prosecuted in terms of evidentiary power, if he blindly defends his innocence, it is actually quite unfavorable to the defendant, so in practice, the lawyer will persuade the defendant to make a guilty defense after reading the case file (the defendant has no right to read it).

3. Guilty defense refers to the defendant and his lawyer defending the defendant at trial who is guilty but guilty of a minor crime. The result is, of course, a verdict of guilt, but the sentence may be mitigated or mitigated.

4. At first glance, the defense of innocence is better, but in fact, in most cases, the defense of guilt is more beneficial to the parties, which is the result of the specific analysis of the specific case and the result of the game between the prosecution and defense.

Legal basis: Criminal Procedure Law of the People's Republic of China Article 33: Criminal suspects have the right to retain a defender from the date on which they are first interrogated by the investigating organ or on which compulsory measures are taken; During the investigation, only a lawyer can be appointed as a defender. The defendant has the right to retain a defender at any time.

When the investigating organs interrogate a criminal suspect for the first time or employ compulsory measures against the criminal suspect, they shall inform the criminal suspect that they have the right to retain a defender. Within 3 days of receiving the case materials transferred for review for prosecution, the people's procuratorate shall inform the criminal suspect that he or she has the right to retain a defender. Within 3 days of accepting the case, the people's court shall inform the defendant that they have the right to retain a defender.

Where a criminal suspect or defendant requests to retain a defender while in custody, the people's courts, people's procuratorates, and public security organs shall promptly convey their request.

Where criminal suspects or defendants are in custody, their guardians or close relatives may also retain a defender on their behalf.

After the defender accepts the retention of the criminal suspect or defendant, he shall promptly inform the organ handling the case.

Legal Analysis: Where a lawyer serves as a defender, they shall, on the basis of the facts and the law, submit materials and opinions on the criminal suspect's innocence, the defendant's innocence, the minor crime, or the reduction or exemption of their criminal responsibility, to preserve the lawful rights and interests of the suspect or defendant who committed the crime of ingenuity.

Legal basis: "Criminal Procedure Law of the People's Republic of China" Article 35: Where criminal suspects or defendants have not retained a defender due to financial hardship or other reasons, they and their close relatives may submit an application to a legal aid institution. Where the requirements for legal aid are met, the legal aid institution shall appoint a lawyer to provide them with a defense.

Where a criminal suspect or defendant is blind, deaf, or mute, or a mentally ill person who has not completely lost the ability to recognize or control his or her own conduct, and has not retained a defender, the people's courts, people's procuratorates, and public security organs shall notify the legal aid institution to appoint a lawyer to provide them with a defense. Where criminal suspects or defendants might be sentenced to life imprisonment or death, and have not retained a defender, the people's courts, people's procuratorates, and public security organs shall notify the legal aid institution to appoint a lawyer to provide them with a defense.

The defense of the defendant's innocence should be carried out mainly from the following aspects:

1) The evidence alleged by the prosecution is insufficient, and the defendant cannot be found guilty;

2) The evidence provided by the prosecution or defense can prove that the defendant should be found not guilty in accordance with law in the following circumstances:

1. The circumstances of the defendant's conduct are obviously minor and the harm is not great, and it is not considered a crime;

2. The defendant's conduct was a lawful act;

3. The defendant did not commit the criminal act alleged by the prosecution;

3) Other circumstances in which the defendant is found not guilty in accordance with law.

1. What to do if there is insufficient evidence of drunk driving.

If the evidence of drunk driving is insufficient, the legal rule that there is no doubt of guilt shall apply, and the legal responsibility of the perpetrator cannot be pursued.

In accordance with the provisions of the Criminal Procedure Law, after the defendant's final statement, the presiding judge announced an adjournment, and the collegial panel deliberated and made the following judgments on the basis of the ascertained facts, evidence, and relevant legal provisions:

1) Where the facts of the case are clear, the evidence is credible and sufficient, and the defendant is found guilty on the basis of law, a guilty verdict shall be made;

2) Where the defendant is found not guilty in accordance with law, a not-guilty verdict shall be made;

3) Where the evidence is insufficient and the defendant cannot be found guilty, a not-guilty verdict shall be made that the evidence is insufficient and the alleged crime cannot be established.

2. There are no legal provisions for suspected crimes.

The principle of never guilt in doubt is also known as the principle in favor of the defendant. A derivative criterion of the presumption of innocence. Since the available evidence can neither prove the criminal conduct of the prosecuted defendant nor completely exclude the suspicion that the prosecuted defendant has committed the criminal act prosecuted, according to the principle of presumption of innocence, it is a legal principle that the prosecuted defendant is presumed innocent from the procedural and legal point of view, thus ending the conduct of the litigation.

As for the legal provisions, since they are derived from the principle of presumption of innocence, of course there will be no clear legal provisions that clearly state that there is no doubt about the guilt, and the Criminal Procedure Law amended in 1996 establishes the principle of innocence in case of doubt, for example, article 162 stipulates that if the evidence is insufficient to find the defendant guilty, a not-guilty verdict shall be rendered that the evidence is insufficient and the alleged crime cannot be established. It is mainly manifested in the investigation stage, the review for prosecution stage, and the trial stage.

During the review for prosecution phase, where, after two supplementary investigations, the people's procuratorate's drafting court still finds that the evidence is insufficient and does not meet the requirements for prosecution, it may make a decision not to prosecute; During the trial phase, where the evidence is insufficient and the defendant cannot be found guilty, the people's court shall make a not-guilty verdict that the evidence is insufficient and the charges cannot be established.

Legal analysis: According to the provisions of China's Criminal Procedure Law, if a criminal suspect is arrested and initiates a public prosecution, the defense lawyer may make a defense of innocence, but it is necessary to provide evidence to support the defense of innocence.

Legal basis: Criminal Procedure Law of the People's Republic of China

Article 35: The responsibility of the defender is to submit materials and opinions on the basis of the facts and the law that the suspect or defendant is not guilty, that the crime is minor, or that their criminal responsibility is mitigated or exempted, and that the procedural rights and other lawful rights and interests of the suspect or the accused brother are preserved.

Article 36: Defense lawyers may provide legal assistance to criminal suspects during the investigation; **Complaints, accusations; apply for a modification of the compulsory measure; Learn from the investigating organs about the criminal suspect's alleged crimes and the relevant circumstances of the case, and submit opinions.