What are the circumstances in which the defendant retracts his confession and does not plead guilty? In today's society, there are many cases of defendants retracting their confessions and not admitt

What are the circumstances in which the defendant retracts his confession and does not plead guilty? In today's society, there are many cases of defendants retracting their confessions and not admitting guilt. If the defendant suddenly recants his confession in court, can the lawyer continue to plead guilty? Why did the defendant retract his confession and not plead guilty? and many other questions, so today let me introduce and explain to you in detail the defendant’s confession and why the defendant did not plead guilty. related questions. In view of the fact that judicial organs are becoming more and more standardized and rigorous in handling cases, and illegal evidence collection is becoming less and less, many parties choose to retract their confessions just to protect themselves. Some criminal suspects who know that they may be sentenced to death often impulsively prepare to retract their confessions in court during the trial, thinking that "if you don't retract your confession, you will retract it" and there may be a chance of saving your life. At this time, the defense lawyer needs to help the client analyze calmly and come up with suggestions. First, examine whether the party involved has been illegally collecting evidence. The first is to see whether there has been illegal evidence collection, mainly whether the investigators have used torture to extract confessions, threats, inducements, deception, etc. If not, just because of some other concerns or motives, the client himself said something at trial that he no longer admits, then generally speaking, it is recommended that the client not consider retracting his confession. Second, it is not enough to simply examine whether there is evidence or clues to confirm the content of the confession. Proposing a reasonable explanation for torture is not enough. The lawyer should also review and understand whether there is other evidence to confirm the facts after the confession is retracted, including existing evidence collected by the prosecutor, and whether the lawyer can obtain new favorable evidence to prove the client's innocence based on the clues provided by the client. If there is no other evidence to corroborate the content of the confession, or even the existing evidence is sufficient to corroborate the original confession before the confession, then the person concerned must be discouraged from retracting the confession. Another common situation is that because the prosecutor's existing objective evidence is too weak, it is impossible to form a complete chain of evidence to determine the facts of the crime without a confession, and there is no other evidence to confirm the facts after the confession, so it is reasonable The confession can make the facts alleged by the prosecutor unclear and the evidence insufficient, and ultimately it can never be determined based on the principle of innocence. In this case, taking full advantage of the prosecution's inability to provide evidence, the confession can also be reversed. Third, whether the result of the reversal review is favorable to the case. In relatively minor criminal cases, retracting a confession may not necessarily be beneficial to the person concerned. If the facts are unclear after the confession is retracted, the judicial authorities may continue to investigate, return for supplementary investigation, postpone the trial and other long-term detention issues. In the end, you may only be sentenced to half a year, but you will stay in a detention center for one or two years or even longer. This is not cost-effective for most people. So weigh the pros and cons before considering pleading guilty. According to the existing laws and criminal policies, the old rule of "lenity for those who confess and severity for those who resist" has long been swept into the trash heap of history, and the new Criminal Procedure Law has turned a new page. It stipulates that "extorting confessions by torture and collecting evidence by threats, inducements, deceptions and other illegal methods is strictly prohibited, and no one may be forced to prove his or her guilt." In other words, judicial organs encourage criminal suspects to take the initiative to confess and plead guilty, which shows that criminal suspects have a good attitude of confessing and repenting, and their personal risk is reduced. Criminal suspects and defendants who voluntarily plead guilty will also be given lighter sentences. However, if the defendant retracts his confession and does not plead guilty, the court cannot severely punish him, because this is the right given to the defendant by the new Criminal Procedure Law. The defendant can not plead guilty and will not be forced to plead guilty again. In other words, the court can only strictly abide by statutory and discretionary sentencing circumstances based on the crime committed by the defendant, and impose a sentence that is neither lenient nor severe as much as possible. Finally, I have to say that official statistics show that the "success rate" of defendants retracting their confessions in court is still very low, and it is basically a small probability event. Therefore, the lawyer believes that once the defendant has the idea of ??retracting his confession, he should not follow the defendant's train of thought. He must carefully analyze, investigate, and collect evidence, and give professional lawyer opinions after comprehensively judging the evidence in the entire case. If there is no maximum certainty that the confession will be successfully retracted, it is better to persuade him to plead guilty and repent, strive for a lighter punishment, and strive for the best result in sentencing. This is the interpretation of the defendant's confession in many relevant legal provisions in criminal and civil disputes. Why did the defendant not plead guilty? In today's society, if the defendant recants his confession in court, how will the plaintiff react? This may be related to insufficient evidence and the judge's negligence in handling the case. Hope this article can help everyone.