1. Move the defense center forward and actively negotiate with the procuratorate.
In handling criminal cases, lawyers should first actively carry out procedural defense, apply for bail pending trial or change compulsory measures, and strive to end the proceedings ahead of schedule. Secondly, we should give full consideration to the simplification of the trial procedure that may be brought about by the parties' voluntary confession, so as to move the focus of sentencing defense forward, that is, from the trial stage to the pre-trial procedure focusing on the examination and prosecution stage. Lawyers should negotiate with the prosecution on sentencing (including non-prosecution) in a timely and effective manner in order to achieve the legal effect of lenient treatment for the parties.
2, to provide advice without replacing the decision of the parties.
Defense lawyers should actively participate in the stages of investigation, prosecution and trial, and provide appropriate consultation for the parties. However, the defense lawyer should always be the consultant of procedure selection, not the decider. The defense lawyer can analyze the pros and cons for the client according to the specific case and help him weigh them carefully, but he must respect the client's right to choose, instead of making a decision for the client simply and rashly, let alone forcing the client to choose to plead guilty and admit punishment.
3, to avoid the parties in the case of involuntary confession.
In the practice of defense, some investigators may unilaterally seek to improve the "confession and punishment rate", which makes the parties sign the "confession and punishment statement" involuntarily, which is obviously inappropriate. Even if the defender or the lawyer on duty finally signs it, it's just a formality. Failure to fully listen to the opinions of defense lawyers is likely to sacrifice the legitimate rights and interests of the parties. If similar situations are found in the process of handling criminal cases, it is necessary to communicate with the case handlers and the parties in time to avoid mistakes.
4. Pay attention to criminal reconciliation.
The lenient system of confession and punishment is a participatory judicial system, which involves not only criminal suspects and defendants, but also victims. The case-handling organ should not only examine the repentance attitude of criminals, but also examine their actual performance. Whether to apologize and compensate for the loss is the most important thing. On the basis of reaching a settlement and understanding with the victim, the criminal and his family members make reasonable compensation to the victim, which is a manifestation of the criminal's "recognition of punishment". Therefore, it is important to actively urge the offender to reach a settlement agreement with the victim, give the victim reasonable compensation, and obtain the victim's full understanding. Of course, in practice, if the victim refuses to understand all the time, it will not affect the procedure of confession and punishment.
5. Formulate reasonable trial defense strategies.
In criminal defense trial, lawyers, as defenders, should independently perform their defense duties according to law. The right of defense is their legal right and obligation, and their exercise of "independent defense right" does not belong to pleading guilty and admitting punishment. Therefore, regardless of the attitude of the criminal suspect, defenders can express their opinions independently and are not affected by the will of the criminal suspect. However, from the practice of handling cases, if the procedure of pleading guilty and recognizing punishment is started, there is basically no directional deviation in the determination of the core facts of the case, and the suspect himself has the plot of pleading guilty or surrendering himself. For such cases, it is generally not recommended to plead not guilty if the defender has been the case agent before entrusting him and is also a witness who signed the affidavit; If the entrusted defender is not a witness who signed the affidavit, then if the evidence is really insufficient, and the attempt to communicate with the court or the procuratorial organ to change the prosecution content or the sentencing suggestion is unsuccessful, the case will be retried or a substantial acquittal will be made. The specific thinking of trial defense must be based on the evidence in the file, and the defense lawyer should focus on the evidence review and cross-examination in court. Although the parties plead guilty, it does not mean that the evidence is impeccable. If the defense direction is not enough to prove the facts of the crime or exclude reasonable doubt, or it may constitute other minor crimes, then a good defense result can still be obtained.
The defense of cases of pleading guilty and admitting punishment should follow the above principles. Lawyers should fully understand the case before defense, actively contact their families, meet the criminal suspect in time, and do not let the criminal suspect rashly sign a confession statement, formulate reasonable defense strategies and safeguard the legitimate rights and interests of the criminal suspect.