How to plead not guilty

Content: Innocent defense means that the defendant and his defense lawyer defend the defendant in the trial, and there are only two results: one is that the prosecutor is supported by the court and the defendant is convicted; One is that the defense viewpoint is adopted by the court and the defendant is acquitted. The principle of innocent defense refers to the principle that lawyers must abide by in the process of defending defendants. The defense of innocence should follow the following principles: 1. Be particularly familiar with the case. Familiarity with the case requires lawyers to be particularly familiar with and master the whole case, and to be familiar with its occurrence, development and results. Familiar with the facts and circumstances of the defendant's innocence. Only on the basis of being familiar with the case, can we further study and analyze the case in combination with jurisprudence and law and decide whether to defend the defendant's innocence. If you decide to defend the defendant's innocence, you should further analyze how to defend him. Familiarity with the case requires lawyers to carefully consult the case file and meet the defendant, but it also emphasizes that lawyers should seriously investigate and collect evidence and obtain relevant physical evidence, documentary evidence, witness testimony or expert conclusion that can prove the defendant's innocence. However, lawyers should try not to investigate in person, and it is best to apply to the court or procuratorate for transfer, which will help reduce the risk of practice. 2. Sufficient evidence of innocence means that the lawyer provided sufficient evidence for the defendant's innocence. It's not easy not to plead guilty. Only when the evidence is sufficient can the defense be guaranteed, the facts and reasons of the prosecution can be fundamentally denied, and the innocent opinion of the defense lawyer can be adopted by the judge. Therefore, in addition to clearly pointing out the defendant's innocent opinion and stating the innocent facts and circumstances in the defense, it is more important to provide sufficient evidence of innocence and demonstrate and clarify it in combination with relevant laws, regulations or judicial interpretations. Especially in the court debate stage, the evidence presented by the public prosecutor should be strongly refuted by the collected evidence. 3. Be careful when making decisions. Lawyers should be especially careful when deciding to defend the defendant. The reason for this is that defending the defendant's innocence is often risky. The case of innocent defense is often complicated, and the facts and evidence are often intertwined, so it is difficult to be clear at a glance. Under normal circumstances, the success rate of innocent defense is extremely low, which requires careful decision. If you rashly decide to defend the defendant's innocence, it will be counterproductive. Not only will it fail to achieve its goal, but it will damage the legitimate rights and interests of the defendant. In most innocent defense cases, the defendant is accused of being guilty because the public prosecutor has sufficient evidence, which is both sufficient and difficult to refute, so the lawyer can't rashly agree to the defendant's innocent defense. For the sake of prudence, sometimes you have to consult with other lawyers; When necessary, a collective meeting can be held under the leadership of the law firm to agree whether to defend the defendant's innocence. 4. Pay attention to communication, avoid risks and pay attention to communication. Lawyers are required to pay attention to communication with courts, public security organs and procuratorial organs when deciding to defend the defendant's innocence. Because our legal system is not perfect, the rights of lawyers are not fully guaranteed. Lawyers are often disturbed by various aspects in their practice, and even caught by the relevant departments because of some work defects, and even suffer from jail. Therefore, lawyers should pay attention to protect themselves and know how to communicate with the above-mentioned organs in order to eliminate misunderstandings, avoid unnecessary troubles and further safeguard the legitimate rights and interests of defendants. If the defendant's behavior does constitute a serious crime, but the evidence is insufficient, it is not appropriate to plead not guilty at this time, and we can consider "plea bargaining" to plead guilty lightly, which is determined by the realistic legal environment in China. Methods and skills of innocent defense First of all, read the case file carefully and be familiar with the case. Lawyers must first consult the case file and understand the case, which is the premise of innocent defense and must be cautious. In view of the complexity of the case, lawyers must carefully read the mountain of case materials. They can look at it first, find out the key points and doubts, then extract or copy it down, make a list if necessary, and compare the oral evidence. Secondly, carefully consult the relevant legal basis to find out the legal reasons for not guilty defense or not being criminally responsible. See whether the behavior of the parties conforms to the "innocent defense" or the defense without criminal responsibility stipulated in China's criminal law, including: whether there is no crime stipulated in Article 13 of the Criminal Law, and the presumption of innocence is insufficient evidence; Harmful behavior caused by "force majeure" or "unforeseeable" reasons does not constitute a crime; He shall not be criminally responsible for crimes committed by complete mental patients or intermittent mental patients when they are mentally abnormal, for crimes committed by people under the age of 14, and for crimes committed by people over the age of 14 and under the age of 16, but he shall be guilty of intentional homicide, intentional serious injury or death, robbery, drug trafficking, arson, explosion and poisoning. Self-defense is not criminally responsible, and emergency avoidance is not criminally responsible; If the limitation of prosecution has expired, the case shall not be put on file for investigation, and if the victim of a private prosecution fails to prosecute or withdraws his prosecution, the case shall not be put on file for investigation. Third, collect evidence of the defendant's innocence. To defend the defendant's innocence, we should mainly collect evidence from the following aspects: (1) The evidence provided by the prosecution or the defense can prove that the defendant should be found innocent according to law: the defendant's behavior is obviously minor and harmless, and it is not considered a crime; The defendant's behavior is legal; The defendant did not commit the criminal act accused by the public prosecution agency; (2) The evidence alleged by the prosecution is insufficient to find the defendant guilty; (3) Other circumstances in which the defendant is found innocent according to law. In addition, when the victim or witness recants, don't rush to plead not guilty. When a lawyer encounters a victim or witness's retraction, it is best to apply to the court or procuratorate for evidence collection. If the application is unsuccessful, it is best to apply for the victim or witness to testify in court. In a rape case, the defendant's family persuaded the victim in advance by bribery. The victim changed her mind and said that she was in love with the defendant, but she sued the defendant in a rage. With the consent of the judge, the lawyer conducted investigation and evidence collection, obtained the evidence of the defendant's innocence, and pleaded not guilty in court. But in court, the prosecution began to summon the victim to the hotel, and the victim poured out the truth. The post-defense lawyer was detained on suspicion of lawyer obstructing testimony. Finally, once a lawyer decides not to plead guilty, he must dare to insist. In some cases, because the defendant has been detained for a long time, if he is acquitted, the defendant will ask the state for compensation in the future. If the defendant and his family do not let the lawyer plead not guilty, they can make a decision not to prosecute or be exempted from criminal punishment. Defendants and their families often compromise and then force lawyers to give up the plea of not guilty. At this time, lawyers should dare to insist.