I believe many people have this kind of confusion. Let me answer it again, hoping to help you.
In fact, this problem must be dealt with from four aspects:
In case 1, the defendant did not commit a criminal act, and there was no evidence to prove that the defendant committed a criminal act.
In the second case, the defendant did not commit a criminal act, but there is evidence to prove that the defendant committed a criminal act (possibly a false certificate).
In the third case, the defendant committed a criminal act, but there is no evidence to prove that the defendant committed a criminal act.
In the fourth case, the defendant committed a criminal act, and there is sufficient evidence to prove that the defendant committed a criminal act.
Let's add a condition to each situation-the defendant resolutely does not plead guilty and see what the result will be.
1 case, it is definitely impossible to convict, even if the defendant pleads guilty.
The second situation is hard to say, mainly depends on the judge's review of the evidence and whether the defense lawyer has found the best breakthrough.
In the third case, if the defendant refuses to plead guilty, he may be acquitted. After all, the evidence above the court is king. Without any evidence, it is difficult for the court to deal with it.
Fourth, even if the defendant refuses to plead guilty, the court is likely to convict the defendant.
Some people will have questions again. Having said that, is there any legal basis?
Of course, this is groundless nonsense. At that time, I was a hooligan.
The legal basis is:
Article 55 of the Criminal Procedure Law stipulates: "If only the defendant confesses and there is no other evidence, the defendant cannot be found guilty and punished; If there is no confession from the defendant and the evidence is true and sufficient, the defendant can be found guilty and punished. "
Therefore, after the defendant commits a crime, if the facts are clear and the evidence is indeed sufficient, it is worthless to strike back.
It can only make the collegial panel feel that the defendant has a bad attitude of pleading guilty and has no remorse. It may also be severely punished, at least not lightly.
In addition, China's policy of pleading guilty and admitting punishment is especially beneficial to the parties. As long as the defendant actively pleads guilty and is willing to accept punishment, he may be given a lighter punishment as appropriate.
So, if you do something bad, don't take chances. After all, the ability of public security organs to obtain evidence is getting stronger and stronger now.
Of course, if you have a clear conscience and have no illegal and criminal acts, you must resolutely fight to the end, firmly believing that one day, the court will return your innocence.
Uncertainty is the primary color of today's world. Everything can't be the same. Only by being flexible can we really adapt to this world.
Although there are still some shortcomings in the construction of the rule of law, after all, we are advancing and rarely retreating.
However, sometimes, we must learn to save the country by curve. For example, one day, if torture happens to us, we may not see the sun the next day. At this time, we must compromise, find a way to save our lives, and then think of other ways.
After all, if you stay in Qingshan, you may continue to cook.