In case of this kind of case, in practice, the court will raise the problems found in the trial to the procuratorial organ in advance, hoping that the procuratorial organ can provide new and sufficient evidence. Courts generally don't acquit people easily.
If the procuratorial organ cannot provide sufficient evidence, the procuratorial organ will usually withdraw the prosecution. Because no one wants to have a case of acquittal in their hands.
Because of the different understanding of what is really sufficient evidence, in some cases, the procuratorial organ will think that the evidence is really sufficient and is unwilling to withdraw the prosecution. In this case, the judiciary will definitely make an acquittal.
After the acquittal, the procuratorial organ that initiated the public prosecution may lodge a protest if it refuses to accept the judgment of the court. If the victim or his legal representative refuses to accept the judgment of first instance of the local people's courts at all levels, he has the right to request the people's procuratorate to lodge a protest within five days after receiving the judgment. After receiving the request of the victim and his legal representative, the people's procuratorate shall make a decision on whether to protest within five days and reply to the request.
The judicial organ at the next higher level that receives the protest will notify the procuratorial organ at the same level to send someone to read the paper. After the procuratorial organ at a higher level sends someone to read the papers, it is possible to revoke the protest decision of the procuratorate at a lower level.
If the procuratorial organ at a higher level supports the protest, the judicial organ at a higher level will hold a hearing. As a result, there are several situations: first, the original judgment of the first instance is upheld; second, the original judgment of the first instance is revised; third, the original judgment of the first instance is revoked or sent back for retrial.
In reality, there are many cases of "zero confession", which shows that the criminal suspect does not cooperate with anything, does not sign any documents, and does not press his fingerprints. Anyway, they just love to do what they want. However, if the facts are clear and the evidence is conclusive, even if there is a "zero confession", the court will sentence it, and the punishment will be aggravated because of the "poor attitude of pleading guilty".
But if the suspect just doesn't cooperate with anything and the evidence is really insufficient, it is necessary to analyze it in detail.
1, if the suspect has been "arrested" in advance, in terms of the means that the procuratorate and the court generally don't judge "not guilty" easily, if the evidence is insufficient, there is basically no problem, and the first instance will judge first.
If the suspect admits it, it's a foregone conclusion. If he refuses, he will throw the pot to a higher court. Anyway, he has been detained for so long, and he is responsible.
2. If the suspect is released on bail in advance.
Even if you can get bail pending trial, it means that even if you are guilty, it is not very big. If the evidence is insufficient, the general routine is to delay the longest "bail pending trial" period.
The longest period of bail pending trial is 1 year. 1 year later, the public security organ will notify the parties to sign the "decision on bail pending trial" in the past, and will not prosecute or declare them innocent.
3, there is no doubt.
There is no doubt that there is no crime. Although this is a mandatory provision of the law, it is not strictly enforced in reality because the judicial system is not perfect. This can only rely on luck, but it is necessary to suffer.
In short, in the final analysis, it depends on how the local judicial system works. After all, people or regions are different, depending on luck.
Can't judge
If there is no confession and there is not enough evidence, it cannot be regarded as a crime.
When the public security organ applies for arrest, the procuratorial organ shall not approve the arrest. Will be returned to the public security organs for supplementary investigation.
The public security organ supplemented the investigation, and the suspect still did not confess. The procuratorate approved the arrest and questioned the suspect.
The procuratorial organ prosecuted the criminal suspect, and the judicial organ, after hearing the case, considered that the criminal suspect's crime was minor and requested the procuratorial organ to withdraw the prosecution. The procuratorial organ still insists on prosecution, and the judicial organ holds a public hearing, and the criminal suspect is acquitted because of unclear criminal facts and insufficient evidence.
The procuratorial organ may protest. The judicial organ at a higher level may: uphold the judgment of the original trial, or revoke the judgment of the first instance and revise it.
As can be seen from the above, the judiciary is very cautious and it is possible to release the suspect without guilt. Based on facts and taking the law as the criterion, judicial organs conduct open and fair trials in accordance with the law, so as to prevent the occurrence of unjust, false and wrong cases to the maximum extent.
I thought that the suspect's "zero confession" did not have enough evidence to prove his crime, so he adapted to the principle of "no doubt"! Acquit the suspect!
If the suspect "has no confession", but there is sufficient evidence to prove that it constitutes a crime! Then, you must be convicted! And then convicted and sentenced! In one case, we were sentenced to fixed-term imprisonment for "zero confession".
If there is a suspect's criminal confession, but the rest of the evidence is not enough to "lock" his crime! During the trial, the suspect "retracted"! Even threatened to be "forced to confess" in the public security or procuratorate! Check whether there is any "torture"! The court should also acquit the suspect!
In short, "never suspected of committing a crime" is an important principle in criminal trial! It can even be said to be a "soul" Correctly following this principle can avoid the tragedy of "unjust, false and wrong cases"! Give the people back to Lang Lang Gan Kun!
There is no doubt about it.
If a criminal case is really like what you said, then the case will hardly go to court.
First, if the suspect does not confess anything and has no evidence, the public security may not be able to file an arrest. Criminal cases are first filed by public security organs. For criminal suspects, the public security organs will generally detain them in criminal detention, and at the same time, the public security organs will also notify their families within 24 hours. After detention, if the public security organ deems it necessary to arrest after trial, it shall submit it to the procuratorate for examination and approval within 3 days after detention. Under special circumstances, it can be extended by 1-4 days. The procuratorate shall make a decision on whether to approve the arrest within 7 days from the date of receiving the notice of approval of the arrest from the public security organ. For criminals who commit crimes on the run or by gangs, the time for the public security organs to apply for approval to arrest can be extended to 30 days.
However, according to the provisions of the Criminal Procedure Law, it is necessary to meet the conditions of arrest, and there is evidence to prove that there are criminal facts, and it may be sentenced to more than fixed-term imprisonment. If the suspect does not confess anything and the evidence is insufficient, obviously, according to the regulations, the public security organ may not be able to apply for approval of arrest.
Second, even if the case enters the investigation stage and the public security organ submits it to the procuratorate for review and prosecution after the investigation, it is possible that the procuratorate will make a decision not to prosecute. If the case enters the investigation procedure and the public security organ transfers the prosecution opinions and materials to the procuratorate for review and prosecution after the investigation, the procuratorate will verify the evidence. If the suspect in this case has not confessed anything and the evidence is insufficient, according to the provisions of the Criminal Procedure Law, the procuratorate will return the materials to the public security organ and inform it to conduct supplementary investigation. This is what we often say: returning for supplementary investigation. The return of supplementary investigation is limited to two times, and if the evidence is still insufficient after two times, the procuratorate shall make a decision not to prosecute. So the situation you described is likely to be handled without prosecution.
In short, the current criminal case, the situation you mentioned is very difficult to happen in practice, even if there is, the case will not enter the court trial stage.
Pay attention to your lawyer friend, lawyer Sun.
Without sufficient evidence and strong confession, the public security bureau will have to release people before reaching the court. It means that when the public security organ detects a case, it finds that the person is seriously suspected or has a criminal motive.
Therefore, the public security organs have the right to examine and interrogate this person. But as a criminal suspect, when you are not sure of the criminal evidence. The public security organs can only detain him for 24 hours at most.
We often see court judges on TV. Because of insufficient evidence, XXX was acquitted in court and the defendant was released! Please note that the defendant is used here, not the suspect.
As a defendant, before the trial. Some strong evidence has been provided to the court. Both parties will ask lawyers to defend themselves.
The defendant was released in court. Because the evidence provided by the plaintiff is insufficient. The evidence is not enough for the judge to convict the defendant.
Therefore, the public security organs identified XXX as a criminal suspect when they detected the case. Even if you kill him, you won't confess anything. As long as the public security organ has enough evidence, it can bring a public prosecution to the court. As for the result, how will the court judge? Judges and jurors will be based on. Criminal information provided. To determine whether the suspect is guilty. But if the public security organ does not have any strong evidence, the court will not accept it. We should also believe in the detection ability of the public security organs and the fairness and justice of the courts. What would the suspect do if he didn't confess anything and the evidence was insufficient?
What would the suspect do if he didn't confess anything and the evidence was insufficient?
If there is evidence, zero can be sentenced. If there is no evidence, there is no doubt that you must be released.