Why are there so few cases of China's acquittal?
China's acquittal cases have been rare, often less than 8/10000, which makes it difficult for many lawyers who advocate acquittal to come up with several acquittal sentences. Lawyer Wang even thinks that lawyers can write books after being sentenced to death in the second instance, so why are there so few acquittals in China? First, China's judicial system is a public prosecution law, and three companies handle criminal cases in stages. To bring a criminal case to court, it needs to go through the stages of criminal filing approval, arrest, review and prosecution before it can be handed over to the court for trial. 100 of the parties, suspects and defendants were acquitted, of which 90 were completed in the investigation stage by withdrawing the case without approving the arrest, 9 in the examination and prosecution stage by mistake, and only 1 person withdrew in the court stage by innocence. Because most innocent cases have been filtered by pre-trial defense, of course, not many cases can enter the trial stage. Yes, more than 99% of the innocent cases that can enter the court have been intercepted by the procuratorial organs of public security organs. Don't underestimate the professional ability of our case-handling organs. Under normal circumstances, after the official stop, they can still withdraw the lawsuit, prosecute and filter the case, even if they enter the court. It is also difficult for judges to make a verdict of innocence. Last year, the reasons for self-defense in Huidonggang Town's European drama case were fully demonstrated. The trial effect is obvious. It can be seen that it was difficult to convict the case at that time. We waited for several months and received the court's ruling. There is a major change in the existing evidence of the procuratorate, and it is not necessary to investigate the criminal responsibility of the defendant. The court ruled that the procuratorate was allowed to withdraw the lawsuit on the grounds of withdrawal. I can only express satisfaction. In fact, I am even more distressed that this acquittal was wasted. The year before last, I handled the case of Le Mou obstructing official duties, and all the cases that were moved back for retrial were withdrawn by the procuratorate. What does the lawyer have to say is that you will not be acquitted, and the defense lawyer will also advise your family to give up the appeal. Once, some judges told me bluntly that they would not be acquitted. Generally, it is recommended that the procuratorate withdraw the prosecution, and there is a second layer of filtering to withdraw the prosecution. How many cases are left? Innocent case 3. Find a reason to look down on guilt. When you meet a judge who suggested that the procuratorate withdraw the prosecution, or our lawyer is noble, more judges know that it is an innocent case. In order to avoid state compensation for unjust, false and wrong cases, simply find a reason to lightly sentence, one is not a wrong case, and does not need state compensation and responsibility. Second, the vast majority of the parties dare not fight to the death. Changing the charge, giving a lighter sentence, demoting the judge, giving him a suspended sentence and exempting him from criminal punishment have become alternatives for many judges to deal with innocence. It was through this alternative scheme that I handled the 65.438+69 billion routine loan fraud case in Shenzhen this year, and changed the charge to the crime of illegal business operation for ten months a year. After consultation with the client, the defense lawyer had to accept it. Since I pleaded not guilty and won the pro-guilt judgment, it became a rational choice for lawyers. It is not to create unjust cases. It is our lawyer's lucky heart to meet a judge who is guilty of infringement. If you encounter my site, the judge in charge will ignore the evidence loopholes and ignore the logical relationship, directly creating unjust, false and wrong cases. That's the sorrow of criminal defense. In recent years, I have often met lawyers to fully clarify their innocence and reasons, and the trial effect is very good. The lawyer's innocent opinion is reasonable, but when the judge takes his views and even ideas as the basis for conviction and sentencing, it is depressing. Of course, most judges have no intention of creating unjust, false and wrong cases. First, they just lack legal thinking, such as using legal thinking in civil and commercial matters, such as inner conviction, using high probability to determine the defendant's guilt or using reasonable doubt as the method of conviction, rather than the method of conviction. This has led to a situation where people are obviously innocent, but they have to be convicted or even convicted of a felony. Some judges, out of a simple concept of good and evil, think that a bad person is not immune. Once the defendants can't prove their innocence, they are considered guilty or even overcorrected, and they are required to bear unreasonable burden of proof, especially in rape and other private prosecution cases. This led to a series of tragedies.