1. Can the accused fraud be pleaded not guilty?
Anyone suspected of fraud can plead not guilty, but the defender needs to defend according to facts and laws.
Criminal procedure law
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.
Second, under what circumstances can I plead not guilty?
1, did not commit the alleged criminal act;
2. Minors under the age of 14 are not criminally responsible;
3. Mental patients who have no criminal responsibility at all;
4. The circumstances are obviously minor and the harm is not great, and the criminal law does not consider it a crime.
3. What are the precautions for defending innocence in fraud cases?
1, especially 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 the occurrence, development and results of the case. 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. The evidence of innocence should be enough.
Sufficient evidence 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. Make a decision carefully.
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 decide whether to defend the defendant's innocence.
In criminal cases, defenders should not only defend lightly, but also communicate with the criminal suspect in advance the corresponding defense plan, and the criminal suspect knows whether he has committed related fraud. If the situation is true, it is very irrational for the defender to plead not guilty rashly. Criminal defense is very strict, and the defender can't plead not guilty when the conviction evidence is really sufficient.