When a defense lawyer defends innocence for a defendant, he may, while declaring to retain his innocence defense opinion, submit a misdemeanor defense opinion in court or after the trial on the assumption that the defendant is guilty, and Propose corresponding sentencing opinions. At the same time, the defense lawyer's defense opinions and those of the defendant are independent. Even if the defendant pleads guilty, the defense lawyer's defense opinion of innocence or misdemeanor will not affect the defendant's attitude of pleading guilty.
Legal Basis
Article 37 of the "Criminal Procedure Law of the People's Republic of China" stipulates that the defender's duty is to propose that the criminal suspect or defendant is innocent based on facts and law. materials and opinions on crimes, minor crimes, or reductions or exemptions from criminal liability, and safeguard the litigation rights and other legitimate rights and interests of criminal suspects and defendants.
Article 38 of the "Criminal Procedure Law of the People's Republic of China" stipulates that defense lawyers can provide legal assistance to criminal suspects during the investigation; represent complaints and accusations; apply for changes in compulsory measures; The agency learns about the suspect's alleged crime and the relevant circumstances of the case, and provides opinions.