1, if the suspect pleads guilty, the defender may not plead guilty. The duty of defense lawyers in criminal cases is to put forward the defense opinions of the defendant's innocence, light crime, mitigated punishment and exemption from punishment. In the trial procedure of the case, the defendant's confession and lighter punishment belong to the lighter punishment circumstances, and the defense lawyer can defend according to the lighter punishment circumstances. Materials and opinions on innocence, light crime or reduction or exemption of criminal responsibility, and protection of the litigation rights and other legitimate rights and interests of criminal suspects and defendants.
2. Legal basis: Article 37 of People's Republic of China (PRC) Criminal Procedure Law.
The responsibility of a defender is to provide materials and opinions on whether a criminal suspect or defendant is innocent, light or relieved of criminal responsibility according to facts and laws, and to safeguard the litigation rights and other legitimate rights and interests of the criminal suspect or defendant.
Article 38
Defense lawyers can provide legal aid to criminal suspects during investigation; Acting as an agent for complaints and accusations; Apply for changing compulsory measures; Ask the investigation organ about the crimes and cases suspected by the criminal suspect, and put forward opinions.
Second, what are the consequences of the criminal suspect's confession and lenient punishment?
The consequences of a criminal suspect's confession and lenient punishment are as follows:
1. If the criminal suspect pleads guilty and regrets the crime, the procuratorate may revoke the lenient treatment and increase the punishment. If the appeal is made after the judgment, the procuratorate will protest, resulting in aggravated sentencing;
2. The procuratorate shall not revoke or change the sentencing proposal. If the criminal suspect has no new facts and evidence after signing the affidavit, and the criminal suspect shows no repentance, the people's procuratorate shall not revoke the affidavit or change the sentencing proposal.