The defendant's innocence should be mainly carried out in the following aspects:
1) The evidence alleged by the prosecution is not enough to convict the defendant;
2) The evidence provided by both the prosecution and the defense can prove that the defendant is not guilty according to law under the following circumstances:
1, the defendant's behavior is obviously minor and harmless, and it is not considered a crime;
2. The defendant's behavior is legal;
3. The defendant did not commit the criminal act accused by the public prosecution agency;
3) Other circumstances in which the defendant is found innocent according to law.
Second, what are the skills of innocent defense?
First of all, check the case file carefully and get familiar with the case. Lawyers must first consult the case file and understand the case, which is the premise of innocent defense and must be cautious. In view of the complexity of the case, lawyers must carefully read the mountain of case materials. They can look at it first, find out the key points and doubts, then extract or copy it down, make a list if necessary, and compare the oral evidence.
Secondly, carefully consult the relevant legal basis to find out the legal reasons for not guilty defense or not being criminally responsible. See whether the behavior of the parties conforms to the "innocent defense" or the defense without criminal responsibility stipulated in China's criminal law, including: whether there is no crime stipulated in Article 13 of the Criminal Law, and the presumption of innocence is insufficient evidence; Harmful behavior caused by "force majeure" or "unforeseeable" reasons does not constitute a crime;
He shall not be criminally responsible for crimes committed by complete mental patients or intermittent mental patients when they are mentally abnormal, for crimes committed by people under the age of 14, and for crimes committed by people over the age of 14 and under the age of 16, but he shall be guilty of intentional homicide, intentional serious injury or death, robbery, drug trafficking, arson, explosion and poisoning. Self-defense is not criminally responsible, and emergency avoidance is not criminally responsible; If the limitation of prosecution has expired, the case shall not be put on file for investigation, and if the victim of a private prosecution fails to prosecute or withdraws his prosecution, the case shall not be put on file for investigation.
Third, collect evidence of the defendant's innocence. To defend the defendant's innocence, we should mainly collect evidence from the following aspects:
1. If the evidence provided by the prosecution or the defense can prove the defendant's innocence according to law: the defendant's behavior is obviously minor and harmless, and it is not considered a crime; The defendant's behavior is legal; The defendant did not commit the criminal act accused by the public prosecution agency;
2. The evidence alleged by the prosecution is insufficient to find the defendant guilty;
3. Other circumstances in which the defendant is found innocent according to law.
Finally, when the victim or witness recants, don't rush to plead not guilty. When a lawyer encounters a victim or witness's retraction, it is best to apply to the court or procuratorate for evidence collection. If the application is unsuccessful, it is best to apply for the victim or witness to testify in court. In a rape case, the defendant's family persuaded the victim in advance by bribery. The victim changed her mind and said that she was in love with the defendant, but she sued the defendant in a rage. With the consent of the judge, the lawyer conducted investigation and evidence collection, obtained the evidence of the defendant's innocence, and pleaded not guilty in court. But in court, the prosecution began to summon the victim to the hotel, and the victim poured out the truth. The post-defense lawyer was detained on suspicion of lawyer obstructing testimony.
Third, the situation of being acquitted.
1. Performance
(1) If the defendant is found innocent according to law, a verdict of innocence shall be made;
(2) If the defendant cannot be found guilty due to insufficient evidence, a verdict of innocence shall be made, and the alleged crime cannot be established due to insufficient evidence;
(3) If some facts of the case are clear and the evidence is true and sufficient, a verdict of innocence shall be made; The part with unclear facts and insufficient evidence shall not be identified;
(4) If the defendant dies and can be confirmed innocent according to the facts of the case and the evidence ascertained, the judgment shall declare the defendant innocent.
2. No criminal responsibility
(1) If the defendant is dissatisfied with 16 years of age and has not been subjected to criminal punishment, the defendant shall be declared not to be criminally responsible (according to the provisions of China's criminal law, a person who is over 14 years of age but under 16 years of age commits intentional homicide, intentional injury, serious injury or death, rape, robbery, drug trafficking, arson and arson.
(2) If the defendant is a mental patient and causes harmful results when he can't identify or control his behavior, he will not be punished, and the defendant will be declared not to be criminally responsible. (If the defendant meets the requirements of compulsory medical treatment, it shall be declared that the defendant is not criminally responsible, and a compulsory medical treatment decision shall be made on the defendant at the same time).
3. Termination of the trial (ruling)
(1) If the crime has passed the statute of limitations and there is no need for prosecution, or if the punishment is exempted due to Amnesty, the trial shall be terminated;
(2) If the defendant dies, a ruling shall be made to terminate the trial. (This article focuses on the acquittal of the "living", so the termination of the trial is only introduced at the trial stage, and other stages will not be introduced due to space limitations. )
During the trial of a case, if the defendant decides to terminate the trial after death, or if the defendant decides to terminate the trial after fleeing, the people's procuratorate may apply to the people's court for confiscation of illegal income respectively according to law.
In a case where the defendant appealed against the same crime, the people's court of second instance shall still examine the whole case if the defendant who appealed died and the other defendants did not appeal. After examination, if the defendant who died does not constitute a crime, he shall be declared innocent; If the case constitutes a crime, the trial shall be terminated. Judgments and rulings should still be made on other co-defendants.