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. At first glance, it seems that the plea of innocence is better, but in fact, in most cases, the plea of guilt is more beneficial to the parties, which is the result of the analysis of specific cases and 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. Therefore, it cannot be said that guilty defense is worse than innocent defense.
Legal basis: Article 3 of the Criminal Law of People's Republic of China (PRC) clearly stipulates that it is a criminal act and is convicted and punished according to law; If the law does not clearly stipulate that it is a criminal act, it shall not be convicted and punished.
Criminal Procedure Law of the People's Republic of China
Article 12 No one shall be found guilty without a judgment of the people's court according to law.
Article 43 Judges, prosecutors and investigators must, in accordance with legal procedures, collect all kinds of evidence that can prove the guilt or innocence of a criminal suspect or defendant and the seriousness of the crime. It is strictly forbidden to extort confessions by torture and collect evidence by threats, enticements, deception or other illegal methods.
Provisions on Several Issues Concerning the Exclusion of Illegal Evidence in Handling Criminal Cases
Article 11 If the public prosecutor cannot provide evidence to prove the legality of the defendant's pre-trial confession, or if the evidence provided is inaccurate and insufficient, the confession cannot be used as the basis for finalizing the case;
Article 12 If the people's court of first instance refuses to examine the opinion put forward by the defendant and his defenders that the defendant's pre-trial confession was illegally obtained and takes the defendant's pre-trial confession as the final basis, the people's court of second instance shall examine the legality of the defendant's pre-trial confession. If the public prosecutor does not provide evidence to prove it, or the evidence provided is unreliable and insufficient, the defendant's confession cannot be used as the fundamental evidence of illegal words.