1. What do you mean by innocent legal defense?
Legal defense of innocence refers to the lawyer's legal defense of innocence for the defendant in the trial. There are only two outcomes to the plea of not guilty. One is that the prosecutor is supported by the court and the defendant is found guilty. The other 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, lawyers will convince the defendant to plead guilty after reading the case file. Guilty defense means that the defendant and his lawyer defend the defendant guilty but lightly during the trial. Of course, the result is a conviction, but the crime may be lighter or mitigated. It is very important for the parties to hire experienced criminal lawyers to intervene in the case at the first time.
Perhaps many people think that the innocent defense is better, but in fact, in most cases, the guilty defense is more beneficial to the parties, which is the result of specific case analysis and the result of the game between the prosecution and the defense. Guilty or innocent 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 conclusive, it will be considered that the defendant's attitude of pleading guilty is not good, which is not good for the result of criminal punishment.
As a professional criminal lawyer, if you can't plead not guilty in a case that really constitutes a crime, you should present a lighter and less serious case in favor of the defendant and relevant evidence materials, so that the defendant can finally get a lighter sentence, instead of excusing the criminals for no reason. This is the right given by law to defendants and defenders, and it is also the obligation of lawyers.
Second, what are the conditions for the plea of innocence?
Whether it is suitable to plead not guilty is related to the conditions it meets. The following conditions shall be met in the defense of innocence:
(a) the defendant does not have the subjective elements of the crime before he can plead not guilty.
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) Only if the defendant is not the subject of the crime can he plead not guilty. Crime must also meet the main requirements stipulated in the criminal law. The subject of crime needs to reach a certain age of criminal responsibility and have the ability of criminal responsibility.
(3) Only when there is insufficient evidence of criminal behavior can the defendant plead not guilty.
The basic principles of law, such as "a legally prescribed punishment for a crime" and "suiting the crime to the punishment", are the basic principles of criminal trial, and the criminal procedure law determines the principle of presumption of innocence. Evidence can not form a complete chain of evidence or the chain of evidence is out of line, which will affect the determination of criminal facts and should be pleaded not guilty.
(4) Only when the procedure is illegal can the case-handling organ plead not guilty. 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.
Third, what problems should be paid attention to in the defense of innocence?
Lawyers should pay attention to the following matters when defending innocence:
1, defense lawyers should fully understand the case before choosing not guilty defense.
2. After understanding the case, criminal defense lawyers shall collect and sort out laws, regulations, judicial interpretations and cases related to the same crime that may be applicable to this case.
The evidence of innocence should be completely conclusive and can withstand repeated scrutiny.
4. Before deciding not to plead guilty, the defense lawyer needs to communicate with the defendant and his family and fully respect the defendant's own opinions.
5. When pleading not guilty, defense lawyers should first protect themselves, pay attention to communication and avoid risks.
Through the above understanding of the plea of not guilty, I think it is more appropriate to choose the plea of guilty for conservative reasons. In fact, guilty defense is more beneficial to the parties than innocent defense, and the defendant can only plead innocent if he is not the subject of the crime. I hope everyone can refer to it effectively.