The right not to plead guilty lies not in the parties, but in the defense lawyers, because this is the defense lawyers' right of self-defense, which is not affected by the will of the parties, and the success rate of innocent defense is very low. First, if the client asks for a plea of innocence, can the lawyer plead innocence on his own? Whether a plea of innocence can be made depends on the specific facts of the case and the existing evidence. In addition, in the current criminal cases, the success rate of not pleading guilty is extremely low. In China, defense lawyers enjoy independent defense rights and can defend independently according to law. As a professional legal person, a lawyer's duty 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. In principle, lawyers' defense rights are not interfered by the parties, procuratorates, courts and others, but only influenced by the facts of the case and relevant laws. Therefore, when the parties ask for a plea of innocence, in principle, lawyers have the right to plead innocence according to the facts of the case and relevant laws and regulations. Second, the skills of innocent defense First of all, carefully consult the case file 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. Three. Precautions for plea of innocence 1. In criminal proceedings, the defendant and his defender (determined by the defendant, and the defender can only provide legal advice or opinions) can plead guilty or not guilty according to the case. 2. Innocent defense means that the defendant and his attorney defend the defendant in court, and there are only two results. One is that the prosecutor was supported by the court and the defendant was found guilty; One is that the defendant wins the case and is acquitted. However, because it is difficult for the defendant to win the case in a public prosecution case, it is actually quite unfavorable for the defendant to plead not guilty blindly. Therefore, in practice, the lawyer will persuade the defendant to plead guilty after reading the case file (the defendant has no right to read it). 3. Guilty defense means that in the trial, the defendant and his lawyer defend the defendant guilty but lightly. Of course, the result is a conviction, but the crime may be lighter or mitigated. 4. At first glance, it seems that innocent defense is better, but in fact, guilty defense is more beneficial to the parties in most cases, which is the result of concrete analysis of specific cases and the result of the game between the prosecution and the defense. 5. In the United States, in order to gain their own interests and avoid risks, the prosecution and the defense often reach a legal plea bargain, so that criminals can admit their crimes and the prosecution can reduce the prosecution's prosecution punishment. Because the trial judge in any country can't go beyond the requirements of the prosecution and increase the punishment himself. 6. Guilty or innocence defense is also a game. Under normal circumstances, the evidence of the defendant's confession is conclusive or difficult to justify, and the judge may, as appropriate, give a lighter punishment within the statutory penalty range. If the crime is proved, the defendant will definitely be severely sentenced and considered to have a bad attitude of pleading guilty. Therefore, it cannot be said that guilty defense is worse than innocent defense. According to the law, it can be known that the parties ask for a plea of innocence, and lawyers can plead lightly. In principle, lawyers have the right to plead lightly according to the facts of the case and relevant laws and regulations.
Legal objectivity:
Article 33 of the Criminal Procedure Law
A criminal suspect or defendant may entrust one or two persons as defenders in addition to exercising their right of defense. The following persons may be entrusted as defenders:
(1) lawyers;
(2) A person recommended by a people's organization or the unit to which the criminal suspect or defendant belongs;
(3) Guardians, relatives and friends of criminal suspects and defendants.
A person who has been sentenced to punishment according to law or deprived of or restricted personal freedom shall not act as a defender.
A person who has been dismissed from public office or has his lawyer's or notary's practice certificate revoked may not act as a defender, except the guardian or near relative of the criminal suspect or defendant.
Article 37
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.