Is it useful to plead not guilty in criminal cases?
It is also useful to plead not guilty, but the success rate of pleading not guilty is particularly low. The plea of innocence means that the suspect refuses to admit the crime, and what he has admitted is the confession. In this way, neither surrender nor confession can be established, and the attitude of confession is not good. 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. Questions that need to be paid attention to in the defense of innocence are as follows:
1, 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. Evidence of 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.
Step 3 make a cautious decision
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. Avoid risks
Paying attention to communication requires lawyers 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.
Legal basis:
Criminal Procedure Law of the People's Republic of China
Article 174 If a criminal suspect voluntarily pleads guilty and agrees to apply sentencing suggestions and procedures, he shall sign a confession and repentance in the presence of a defender or a lawyer on duty.
If a criminal suspect pleads guilty and admits punishment, it is not necessary to sign a confession and repentance book under any of the following circumstances:
(1) The criminal suspect is a mental patient who is blind, deaf, dumb or has not completely lost the ability to recognize or control his own behavior;
(two) the legal representative or defender of the juvenile criminal suspect has any objection to the juvenile's confession and punishment;
(3) Other circumstances in which it is not necessary to sign a confession and repentance.