As a specific content of the principle of presumption of innocence, the presumption of innocence means "never suspected of committing a crime" when the defendant can neither be proved guilty nor innocent. The criminal procedure in China consists of three stages: investigation, prosecution and trial. The trial stage is a typical stage in which there is no doubt, and the procuratorial organ has the right to choose to apply it in the stage of examination and prosecution.
How to find a suitable lawyer for criminal offences?
If it is a question, you can refer to the following points:
1, excellent professional quality: it can be judged by information such as lawyer information and evaluation records;
2. Faster response: it can be inferred from the lawyer's service record;
3. Sincere service attitude: it can be distinguished by the lawyer's answer and consultation content.
If you want to go to court, you need to pay attention to the following points:
1, excellent professional quality: it can be judged by information such as lawyer information and evaluation records;
2. Good image temperament: You can explain your intuitive feelings through the lawyer's personal photos, audio and video;
3. Rich practice experience: it can be proved by cases handled by lawyers.
The scope of application of the principle of never suspecting a crime.
The so-called "no doubt" means that the existing evidence can neither prove the defendant's criminal behavior nor completely rule out the suspect that the defendant committed the criminal behavior. According to the principle of presumption of innocence, the defendant is presumed innocent in procedure and law, thus ending the lawsuit. "There is no doubt about a crime" is the concrete embodiment of the principle of legally prescribed punishment for a crime and the principle of presumption of innocence. It is a denial of "less suspicion" and "less suspicion" in the past. There are several situations that need to be handled according to the principle of "no doubt":
1. A criminal suspect cannot be proved by a criminal certificate.
In other words, whether the defendant has committed a criminal act or not cannot make a positive or negative conclusion. There are the following situations: first, although there is evidence, it is proved to be false and excluded because it has no evidential ability; Second, although the evidence is probative, there are doubts, and the doubts cannot reach a reasonable degree of exclusion; Third, the evidence of the whole case is insufficient, which can not meet the statutory proof requirements and cannot be proved.
2. Suspected crime must be dealt with according to the principle of benefiting the defendant.
In the case of no doubt, because the defendant's evidence can neither prove the defendant's guilt nor rule out the possibility of the defendant's crime, dealing with the defendant's guilt or innocence at this time directly reflects whether the law respects the defendant's personal dignity, and also reflects the law's evaluation of this reality. Suspected crime essentially embodies the value pursuit of punishment. It can be seen that the prosecution and investigation organs must fulfill the burden of proof of accusing the defendant of committing a crime within the scope of clear facts of the case, reliable and sufficient evidence and no reasonable doubt. If the defendant cannot be proved guilty, he should be acquitted.
3. The defendant does not bear the burden of proof of doubt.
As far as rights are concerned, no one has the obligation to prove his innocence, and he is born innocent without additional proof. If the procuratorial organ or investigation organ wants to accuse him of a crime, it must produce evidence of guilt. As far as litigation status is concerned, because the defendant is the object of prosecution, his personal freedom is often restricted, and he has neither the ability nor the conditions to collect evidence. Therefore, the defendant does not bear the burden of proof of the suspected crime, and usually the procuratorial organs and investigation organs bear the responsibility of proving the crime.
Legal basis:
Article 16 of the Criminal Procedure Law of People's Republic of China (PRC) shall not be investigated for criminal responsibility under any of the following circumstances. If the investigation has been concluded, the case shall be dismissed, or no prosecution shall be instituted, or the trial shall be terminated, or the case shall be declared innocent:
(a) if the circumstances are obviously minor and the harm is not great, it is not considered a crime;
(two) the crime has passed the limitation period;
(3) Being exempted from punishment by an amnesty order;
(4) Failing to tell or withdrawing a crime that was dealt with only after being told;
(5) The criminal suspect or defendant dies;
(six) other laws and regulations shall be exempted from criminal responsibility.