Innocent defense means that the defendant and his defense lawyer defend the defendant in court. According to the provisions of China's criminal law and criminal procedure law, one of the following circumstances may not plead guilty:
First, the defendant does not have subjective elements.
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.
Second, the defendant is not the subject of the crime.
Crime must also meet the main requirements stipulated in the criminal law. People under the age of 14 are not criminally responsible for committing crimes, while people over the age of 14 and under the age of 16 are not criminally responsible for committing crimes, except for eight counts of intentional homicide, intentional serious injury or death, rape, robbery, drug trafficking, arson, explosion and poisoning. Article 18 of the Criminal Law stipulates that if a completely mentally ill person commits a crime or an intermittent mentally ill person commits a crime, he shall not bear criminal responsibility.
Third, the evidence of the defendant's criminal behavior is insufficient.
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.
Fourth, the procedure of the case-handling organ is illegal.
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. Article 43 of the Criminal Procedure Law stipulates that "judges, prosecutors and investigators must collect all kinds of evidence that can prove the guilt or innocence of criminal suspects and defendants and the seriousness of crimes in accordance with legal procedures. It is strictly forbidden to extort confessions by torture and collect evidence by illegal methods such as threats, temptations and deception. " Article 6 1 of the Supreme People's Court's Interpretation on Several Issues Concerning the Execution of the Criminal Procedure Law clearly stipulates: "It is strictly forbidden to collect evidence by illegal means. Witnesses' testimony, victim's statements and defendant's statements obtained by extorting a confession by torture or by threatening, luring or cheating, etc., cannot be used as the basis for finalizing the case. "Therefore, the evidence obtained by failing to fulfill the statutory obligation of informing or violating the procedure should be resolutely denied.
Five, the criminal law is not considered a crime.
For example, Article 13 of the Criminal Law stipulates that "the circumstances are obviously minor and the harm is not great" does not constitute a crime; Article 16 of the Criminal Law stipulates that harmful acts caused by "force majeure" or "unforeseeable" reasons do not constitute a crime; Article 20 of the Criminal Law stipulates that self-defense is not criminally responsible; Article 21 of the Criminal Law stipulates that there is no criminal responsibility for emergency hedging.
Six, the criminal law shall not be investigated.
Although some acts have caused serious damage to the obligee, due to their special reasons, they are not investigated for criminal responsibility. For example, Article 87 of the Criminal Law stipulates that those who exceed the limitation of prosecution shall not be investigated, and Article 15 (4) of the Criminal Procedure Law stipulates that if the victim of a private prosecution case fails to prosecute or withdraws his prosecution, he shall not be investigated.
What is a criminal defense?
Defense refers to the litigation activities in which criminal suspects, defendants and their defenders put forward evidence and reasons in favor of the defendant according to facts and laws, indicating that the defendant is innocent, the crime is light or the punishment should be mitigated or exempted. The defense is based on the legal right of defense, which is a basic litigation function against the indictment. No charges, no defense. Only after the defendant is accused can the defendant and his defender defend.
According to the constitution and laws of our country, the defendant has the right to be defended, and the people's court has the obligation to ensure that the defendant is defended. From the beginning, the defendant has the right to put forward materials and opinions that are beneficial to him, refute the charges against him and defend himself. Defendants can not only defend themselves, but also entrust lawyers and other defenders to defend themselves. If the defendant fails to appoint a defender in a case clearly stipulated by law, the people's court shall appoint a defender for him, and listen to and study the materials and opinions put forward by the defendant and his defender according to law.
As an important part of judicial system and criminal procedure system, criminal defense can be traced back to ancient Rome. The system is rooted in the concept of "respecting human dignity", emphasizing that criminal suspects and defendants are presumed innocent before being convicted by legal procedures, but they enjoy litigation rights such as the right to defense. They can entrust lawyers or other defenders to participate in criminal proceedings, fully exercise their right of defense, confront the procuratorial organs on an equal footing and safeguard their legitimate rights and interests. This system has played a positive role in forming a complete litigation structure, ascertaining the truth of the case, realizing procedural justice and improving litigation efficiency.