1. First, the prosecutor was supported by the court and the defendant was found guilty;
2. 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.
In any of the following circumstances, the defendant may not plead guilty:
1, the defendant does not have the subjective elements of the crime;
2. The defendant is not the subject of the crime;
3. The evidence of the defendant's criminal behavior is insufficient;
4. The procedure of the case-handling organ is illegal;
5, criminal law shall not be investigated.
To defend the defendant's innocence, we should mainly collect evidence from the following aspects:
1. If the evidence provided by the prosecution or the defense can prove the defendant's innocence 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.
Conditions for not pleading guilty:
1, the defendant does not have the subjective elements of the crime. A crime consists of intention or negligence. A crime with intention as the constitutive element of a crime does not constitute an intentional crime, because the defendant has no subjective intention. A crime with negligence as the constitutive element of a crime does not constitute a negligent crime because the defendant has no negligence. It is neither intentional nor negligent, and does not constitute any crime;
2. The defendant is not the subject of the crime. Crime must also meet the main requirements stipulated in the criminal law. The subject of crime must reach a certain age of criminal responsibility and have the ability of criminal responsibility;
3. The evidence of the defendant's criminal behavior is insufficient. The basic principles of law, such as a legally prescribed punishment for a crime and the adaptation of crime and punishment, are the basic principles of criminal trial;
4. The procedure of the case-handling organ is illegal. Evidence obtained in violation of legal procedures is very likely to be wrong to prove the facts of the case, and its authenticity and impartiality are difficult to guarantee.
To sum up, the plea of innocence refers to the criminal suspect's refusal to admit the criminal act, and what he has admitted is the confession. In this way, I neither surrender nor plead guilty, nor do I have a good attitude of pleading guilty. According to the principle of leniency in confession, surrender and confession can be used as legal reasons for lighter punishment (which can be mitigated, but not necessarily), while not pleading guilty means that these conditions may be lost, and once convicted, they will be sentenced to as many prison terms as possible.
Legal basis:
Article 34 of the Criminal Procedure Law of People's Republic of China (PRC)
If the judge who should withdraw does not withdraw, and the parties and their legal representatives have not applied for withdrawal, the presiding judge or the judicial committee shall decide to withdraw.