Organized to lead criminal cases of organized crimes, a family of four brothers has been prosecuted as leaders of organized crimes. The eldest brother is the chairman, and the other three brothers are the eldest brother's right-hand man. Big Brother Company hired a high-standard team of lawyers to defend the four brothers, but the defense direction was contradictory. Among lawyers, the lawyer who defends eldest brother wants to plead not guilty, which is also the meaning of eldest brother, second brother and third brother, but fourth brother and his lawyer are not prepared to think so. The fourth brother's lawyer hopes that the fourth brother will plead guilty, because "the judge has privately promised that if he signs the confession and punishment, he will be given a lighter sentence, and the sentence will be changed from more than ten years to five years." There is an ethical problem here. If the fourth brother pleads guilty, it means that he is the only one who admits the "criminal facts", which will be a heavy blow to the three biological brothers who insist on innocence, and his confession will become an important evidence to determine the guilt of the three brothers; If the fourth brother does not plead guilty, he may be sentenced to more than ten years in prison, which is unacceptable to him. Later, in the final judgment of this case, it was found that four brothers formed an organization to lead triad crimes. Three brothers were sentenced to fixed-term imprisonment ranging from fifteen to twenty-five years, and four brothers pleaded guilty and were sentenced to five years.
There is also a crime of producing and selling fake and inferior products, and two defendants. The second defendant pleaded guilty and made a confession to the first defendant at the stage of public prosecution. However, the first defendant resolutely pleaded not guilty, and the lawyer he hired was also very powerful, and made a nearly subversive defense of the key evidence. In this case, the second defendant once again realized that his behavior did not constitute a crime, and then denied the confession in court, and applied for the exclusion of illegal evidence with the first defendant, pointing out that his confession and punishment were induced by the case-handling unit. The case went through many twists and turns, and was later acquitted because of unclear facts and insufficient evidence. The second defendant's decision not to plead guilty and plead guilty was correct.
From these two cases, we can see that pleading guilty is a double-edged sword, and pleading guilty may lead to a lighter sentence, or it may just be what you think.
Recently, there was another case in which the party was arrested for infringing citizens' information. The police found a document with 500,000 ID numbers and contact numbers from the suspect's computer, and immediately applied for arrest. The evidence of guilt in this case is insufficient, because the suspect firmly denied that the documents involved were illegally obtained, so the prosecutor who examined and approved the arrest was also very anxious. Several prosecutors went to the detention center twice in a row to interrogate the suspect. Seeing that the suspect refused to admit it, the prosecutor turned to work as a lawyer and his family, and told his family that "if he pleaded guilty, he would probably be released on bail". The lawyer said that he should respect the suspect's personal wishes and told his family that once he pleaded guilty to the 500,000 ID number, it was unlikely that he would be released on bail. Don't believe the promise of releasing people. However, family members don't think so. The family also asked the people in the procuratorate privately. People in the procuratorate asked him to confess, saying that if he confessed, he would probably not be caught. Therefore, the family members hope that the lawyer must convince the suspect to plead guilty. The lawyer immediately went to see the suspect, helped him analyze the pros and cons of pleading guilty, and conveyed the opinions of his family that he wanted him to truthfully confess and plead guilty. The suspect finally decided to plead guilty and confessed the source of citizen information to the prosecutor. The next day is the last day of the seven-day review of the arrest period. At 7: 30 in the evening, the family called the lawyer and said that they had not received the release notice, indicating that they had been fooled by acquaintances.
In this case, from the perspective of substantive justice, there may be nothing wrong with the suspect being arrested. However, in the sense of procedural law, if the suspect continues to choose not to plead guilty at this stage, it does not explain the source of identity card information and does not rule out the possibility of acquittal. After all, the burden of proof in criminal cases lies with public power.
The author also handled a case of stealing a motor vehicle and refused to plead guilty, and was finally acquitted. The suspect is a recidivist who steals motor vehicles. He was sentenced three times for stealing motor vehicles. I haven't been out of prison for half a year, but I was stopped by a patrol on the road for stealing a motorcycle. It can be said that everyone got the stolen goods, but he was acquitted. Why?
The suspect and his partner * * * stole a motorcycle worth more than 20,000 yuan in Wangjing. He pushed the car to Jingmi Road because he didn't have a car key. When the patrol found suspicious people on the road, they were asked to be inspected. The suspect's partner saw that the momentum was not good and turned and ran. The patrolman just caught the suspect and took him back to the police station. He was detained on the same day. The suspect is experienced in anti-reconnaissance, insisting that he is helping another person push a motorcycle whose key has been lost and can't be started, and insisting that he doesn't know that person. Because the police didn't catch another person, the evidence chain of the suspect's guilt became a problem. In our country, although the rule of law has made great progress, we still rely on the defendant's guilty confession. What if there is no statement from the suspect?
The suspect told the lawyer that in order to make him plead guilty, the police took the opportunity to identify the scene twice and pulled the suspect to the moat twice, but the suspects held back and did not explain.
Why use the elevator to hit people? Because there are surveillance everywhere in the detention center, you can't hit people. Outside the detention center, it is possible to avoid monitoring. When the lawyer questioned whether the suspect was beaten, the suspect showed his whole body trauma to the lawyer on the spot, which was really a new injury.
Why do lawyers think suspects are real thieves? Because the suspect himself admitted to the lawyer that he did steal the car, but he just didn't want to go to prison again.
On the 37th day of criminal detention, it was already past 10 in the evening. The suspect's family called the lawyer and told him that the suspect had been released on bail. In other words, because the thief didn't plead guilty, he was beaten twice and locked up for 37 days, and was finally released by the police. I hope he can turn over a new leaf in the future and not repeat it.
Since the lawyer knows that the thief did steal the motorcycle, why not report him? This is the professional requirement of lawyers. Unless it endangers national security or public safety, lawyers are obliged to keep confidential the information of criminal suspects they have learned in the process of handling cases, which is a professional ethics issue.