In China's criminal proceedings, from the investigation stage, the investigation and supervision department of the people's procuratorate will review the case when examining and approving the arrest, and will make a decision not to approve the arrest if the suspect does not constitute innocence or the evidence is insufficient or the facts are unclear.
In the stage of examination and prosecution, the public prosecution department of the people's procuratorate will also examine the case, and decide not to prosecute the suspect if he does not constitute innocence or the evidence is insufficient and the facts are unclear.
In the trial stage, according to the usual practice, if the people's court considers that the defendant does not constitute a crime or the evidence is insufficient or the facts are unclear after deliberation by the collegial panel, especially by the judicial committee, it will try its best to avoid making a verdict of innocence, but will communicate with the relevant personnel of the public prosecution organ, advise them to withdraw the prosecution, and then make a decision not to prosecute.
Most of the cases in which the people's court acquitted were cases in which the people's procuratorate did not agree to withdraw the prosecution. Once the people's court is acquitted, the people's procuratorate often protests. Once they protest, they may be convicted in the second instance.
Therefore, every stage of criminal proceedings in our country has the function of filtering innocent cases, just like a funnel filtering sand to avoid innocent people being investigated for crimes.
From another point of view, this model also means that with the advancement of criminal proceedings, the defender's innocent defense will encounter more and more resistance, and the probability of the parties being convicted will be higher and higher.
Defenders should take the plea of innocence to the pre-trial stage, make every effort to urge the people's procuratorate to make a decision not to approve the arrest in the investigation stage, or make every effort to urge the people's procuratorate to make a decision not to prosecute in the examination and prosecution stage, instead of waiting quietly and pursuing the people's court to make a verdict of innocence when the case reaches the trial stage.
In other words, as the family members of the parties, we should also have the awareness that lawyers in criminal cases should intervene sooner rather than later. For economic reasons, those practices that only entrust lawyers to intervene in the trial stage without entrusting lawyers to intervene in the investigation stage or the prosecution stage will increase the difficulty of work and may miss the best opportunity to handle cases and the opportunity to return the personal freedom of family members.
Second, once the verdict is not guilty, it will affect the assessment indicators of the people's procuratorate and the public security organs and affect the career of the specific undertaker of the case.
In judicial practice, the acquittal rate is closely related to the performance appraisal of public security organs and people's procuratorates.
For example, the Measures for the Examination of Public Prosecution Cases by Procuratorial Organs (Trial), which was implemented in 2005, made specific provisions on the performance appraisal indicators of people's procuratorates, requiring the acquittal rate to be lower than 0.2%. In order to pursue the innocence rate, the performance appraisal of some people's procuratorates stipulates that if there is acquittal, the relevant personnel will be disqualified or even held accountable.
Third, the public security organs, people's procuratorates and people's courts have insufficient mutual restraint and more cooperation.
China's constitution stipulates that the relationship between public prosecutors and the law should be "division of responsibilities, mutual cooperation and mutual restraint", but in reality they only pay attention to cooperation and not to restraint.
In the face of cases filed by people's procuratorates, people's courts hold that the parties are innocent after trial, and often face pressure from people's procuratorates and public security organs. Faced with these strong pressures, the people's courts can't completely maintain their independence and neutrality, and often end up with guilty judgments, but if the punishment is lighter or mitigated, they will make a guilty judgment with room for manoeuvre.
Fourth, China cracked down on drug crimes.
As we all know, China has been cracking down on drug crimes, selling more than 50 grams of ice. If there are no special circumstances, it will be sentenced to fixed-term imprisonment of 15 years or more, life imprisonment and death penalty.
Considering the policy factors, the judicial organs will artificially lower the evidence standard of drug crimes in the process of handling drug crimes, and will also convict some cases with unclear facts and insufficient evidence.