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In a criminal case, as long as he does not admit guilt, he cannot be convicted, because it is explained that certain evidence and certain materials cannot prove that he has committed a crime and bears a kind of criminal responsibility, but it is determined that he is the defendant, so he can be sued by the plaintiff.
The plaintiff has the right to seek justice, so he can submit his complaint to the court, and the defendant can pay the price he should have, so he has the right to make this suspect the defendant.
The reason for becoming a plaintiff is that he cannot bear the harm from the defendant, that is, the defendant has constituted a criminal offense against himself, so he must bear the legal responsibility that he should bear and repay a criminal responsibility for his criminal act.
The plaintiff should collect evidence and establish some testimony, and he can have information about the defendant's crime, and he can hire a lawyer to defend himself, and then turn this public evidence of the crime into a kind of qualification to defend his rights.
The defendant is always cunning, he will not bear some of the sins given to him by the plaintiff, so he will fight that he has not committed a crime, so this is a kind of fight for me in a lawsuit.
If the plaintiff's testimony does not bring the defendant to justice, and the plaintiff's evidence does not give the defendant a criminal responsibility, then the case will not be established and will be referred to the court for a second appeal.
Therefore, the plaintiff must be sure that this character is his defendant, the person who committed the crime against him, so as long as it is determined that he is not a suspect, but has become a real criminal, then it is enough to directly look for evidence.
Moreover, the plaintiff's lawyer will not let go of the defendant's various criminal intentions, so he will judge whether he has committed a crime based on some of the defendant's testimony, and judge what kind of cognition he hides in the part of the crime.
The law is fair and strict, and he will not let go of any criminal, so the plaintiff does not need to be in a hurry, he only needs to let his evidence directly make the defendant admit the crime.
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Of course not, as long as there is enough evidence to prove that you have committed a crime, and the evidence is ironclad, and can form a complete chain of evidence and put together, even if you do not admit guilt, you will be convicted.
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No, the police may look for relevant evidence to prove that the suspect has indeed committed a crime, so even if he does not admit guilt, he can be convicted.
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Personally, I think not, in criminal cases, we must believe the facts, do not listen to confessions at will, and use the facts as the basis.
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It is possible to convict, and if there is clear evidence that it can be convicted, it has nothing to do with admitting or not admitting it.
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can be convicted; The law is clear, the facts are the basis, the law is the criterion, and the sentencing of all cases must be based on evidence, investigation and research, and confessions must not be easily believed.
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If you do not admit guilt, but there is enough evidence to prove that you have committed a crime, you can also be convicted, and in criminal cases, the main focus is on evidence.
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Of course not, first of all, we have to know that criminal cases are already a relatively serious case in Chinese law, and basically, criminal offenses are relatively serious, and they will go to prison, so many people will have them after committing crimes. A kind of luck mentality, if you don't admit guilt, you will be let go, or if you don't admit guilt, the court will not treat people well, but this kind of thinking is completely wrong. We must know that there are enforcement and enforcement of the law, and there will be certain measures for the judicial organs, public security organs and other court organs in China.
Otherwise, we will not behave in a certain degree of regulation in our daily lives. The conviction and sentencing of the court is premised on evidence, for example, we can see in the TV series every day that when making a judgment on a case for a person or a matter, there must be enough evidence, including when we watch some public security organs handle cases, the police have sufficient reasons and evidence to arrest, so for us Chinese, we must abide by laws and regulations.
Of course, if you know that you have committed a crime, but still do not admit your guilt, or even carry out various behaviors such as escaping, there will be more serious punishments, and generally speaking, those who perform well will have their sentences commuted as appropriate, which is why some people are sentenced to life imprisonment at the beginning, but later because they perform very well, they are released. Therefore, for most of us, if we do not confess our guilt after knowing that we have committed a crime, it is not the same as nothing, but an illusion caused by our lack of knowledge of the law.
Of course, there are many situations and there is no shortage, some people are a team to commit a crime, but when they confess, only one person took the matter alone, so that the other person did not admit his guilt, as if there was nothing to do, but we know that Skynet is restored and not leaked, and the truth will definitely be revealed in the end. After all, for our Chinese law, it must be just, and justice will come, although he will be late, but we must believe that it will come.
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Yes, as long as you don't admit guilt, it's fine, but if you get the corresponding evidence, then you will still be punished and punished by the law.
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No, if there is evidence, the crime may be more serious in the future, in fact, voluntary surrender is relatively light.
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Since they can all sin, they will definitely know the consequences of sinning, and going to prison is just retribution.
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Of course not. Although you have pleaded not guilty, you are still a suspect and will still be detained.
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Legal analysis: If the criminal suspect does not admit guilt, as long as the facts are clear and the evidence is sufficient, the court can also sentence the criminal suspect according to the circumstances of the crime. The court's judgment must be based on relevant favorable evidence to sentence the criminal suspect, and as long as the evidence is true and valid, regardless of whether the criminal suspect pleads guilty or not, the criminal suspect can be sentenced in accordance with the law.
If the evidence is insufficient, it will be returned for supplementary investigation, or acquitted, and if the evidence is sufficient, it will definitely be convicted and punished.
Legal basis: "Criminal Procedure Law of the People's Republic of China" Article 55: In all cases, sentencing should emphasize evidence, investigation and research, and not lightly believe confessions. Where there is only the defendant's confession and there is no other evidence, the defendant cannot be found guilty and punished; Where there is no confession from the defendant and the evidence is credible and sufficient, the defendant may be found guilty and given a punishment.
The evidence is credible and sufficient, and shall meet the following requirements: (1) the facts of the conviction and sentencing are all supported by evidence; (2) The evidence on which the verdict is based has been verified as true through legally-prescribed procedures; (3) Summarizing all the evidence in the case, reasonable doubt has been eliminated as to the facts ascertained.
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In criminal cases, where the defendant does not admit guilt and does not have a confession from the defendant, but the evidence is truly sufficient to constitute a crime, it may also be convicted and sentenced.
Criminal cases do not admit guilt and accept punishment, and there will be no mitigating circumstances in sentencing. If you admit the crime and have a good attitude and are willing to accept legal punishment, you may be given lenient consideration at sentencing. If they refuse to admit guilt, leniency will not be considered at sentencing. >>>More
1. Implement the criminal policy of blending leniency with severity. The implementation of the plea leniency system shall be based on the specific circumstances of the crime, distinguishing the nature and circumstances of the case, and the degree of harm to society, and carrying out differentiated treatment, so that where leniency is given, severity is given to the extent severity, and the punishment is appropriate to the crime. In plea cases where a sentence of up to three years imprisonment might be given, it should be handled as simply, quickly, and leniently as possible in accordance with law, and appropriate handling principles and methods should be explored; For crimes caused by civil conflicts, where criminal suspects or defendants voluntarily admit guilt, sincerely repent of their crimes, obtain forgiveness, and reach a settlement, and have not yet seriously impacted the public's sense of security, the plea leniency system should be actively applied, especially for first-time offenders, occasional offenders, negligent offenders, and juvenile offenders who do not pose much harm to society, and shall generally reflect leniency. >>>More
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The facts of the case that need to be proved by evidence include: >>>More
The facts of the case that need to be ascertained include: (1) the identity of the criminal suspect; (2) Whether there is criminal conduct that has been filed and investigated; (3) Whether the criminal conduct filed and investigated was committed by the criminal suspect; (4) The motive and purpose of the criminal suspect's criminal conduct; (5) The time, place, methods, consequences, and other circumstances of the criminal conduct; (6) The responsibility of the criminal suspect and his relationship with other co-defendants;