First, the concept of innocence defense:
In a narrow sense, the defense of innocence means that the defendant and his lawyer refute the accusation of the procuratorate at the trial stage of the case and put forward the defense opinion of the defendant's innocence in order to obtain the verdict of the defendant's innocence. However, in a broad sense, due to the implementation of the new lawyer law, lawyers have the right to consult and copy the case materials at the stage of examination and prosecution, and put forward defense opinions to the procuratorate.
Procuratorial organs also have the right to make a decision not to prosecute. The decision not to prosecute is the same as the acquittal, and the legal consequences brought to the suspect are almost the same. Therefore, in the prosecution stage, it is also an innocent defense to review the defense opinions put forward by lawyers to the procuratorial organs and suggest that the procuratorial organs not prosecute. But as far as this article is concerned, the discussion is only about the lawyer's innocent defense in a narrow sense, that is, the lawyer's innocent defense in the trial stage.
Second, the legal basis of the defense of innocence:
1, Establishment of the principle of presumption of innocence:
Article 12 of the Criminal Procedure Law stipulates: "No one shall be found guilty without a judgment by the people's court according to law." This legally establishes the principle of presumption of innocence, that is, anyone is innocent before being declared guilty by the court. This provides a legal living space for the innocent defense. If citizens are convicted once they enter criminal proceedings, there is no defense of innocence at all. Because the defendant is considered innocent, he can enjoy a wide range of litigation rights, including the right to entrust a lawyer to defend his innocence.
2, the provisions of the law on the lawyer's defense responsibility:
Both Article 35 of the Criminal Procedure Law and Article 28 of the Lawyers Law clearly point out that a lawyer, as a criminal defender, should put forward opinions to prove that the criminal suspect or defendant is innocent and the crime is light, reduce or exempt his criminal responsibility according to facts and laws, and safeguard the legitimate rights and interests of the criminal suspect or defendant. It can be seen that it is a lawyer's litigation right and obligation to defend the defendant's innocence.