How does the defendant plead not guilty?

1. Legally speaking, the defender cannot accuse the defendant. According to the theory of criminal procedure law, China's criminal procedure has changed from the original inquisitorial litigation to adversarial litigation, in which the public prosecution agency prosecutes the defendant on behalf of the state, charges the crime and presents guilty evidence; Defenders put forward defense opinions on the allegations of public prosecution agencies, cross-examine evidence, and put forward materials and opinions on the defendant's innocence and light crime; The court decides in the middle, confirms the validity of the evidence, confirms whether it is guilty or not, and measures the severity of the crime. As a defender, you can't accuse the defendant of a crime in criminal defense. Second, the basis of the law. Article 35 of the Criminal Procedure Law stipulates: "The defender's responsibility is to provide materials and opinions to prove that the criminal suspect or defendant is innocent, the crime is light or the criminal responsibility is reduced or exempted, and to safeguard the legitimate rights and interests of the criminal suspect or defendant." This is the regulation of the defender's defense responsibility. It can be seen from the law that the defender's duty is to provide materials and opinions to prove that the criminal suspect or defendant is innocent, the crime is light or the criminal responsibility is reduced or exempted. Three. Contradictions in judicial practice In the defense of criminal cases, some defendants pleaded guilty, while others pleaded not guilty. When the defendant pleads guilty, the defense lawyer pleads guilty or not. This kind of situation is relatively common and there is no dispute. If the defendant does not plead guilty, no matter whether the defense lawyer is innocent or lightly defended, if the defendant defends lightly, there will be a situation where the defendant does not think that he is guilty, and the defender thinks that the defendant is only lightly defended. In this way, the defender will accuse his client of being guilty, which is contrary to the legal duties and tasks of the defender. Iv. independent defense when the defendant and the defender disagree, the defender will take the defender's independent defense as the criterion and talk with the defendant. The principle of independent defense is beyond reproach, but how to understand it is different. The so-called "independent defender" concept emphasizes that lawyers are not bound by the will of their clients and are not influenced by their opinions and opinions, but participate in litigation activities as an "independent social force". It is believed that the defendant, as a witness of the case, can provide the basic information of the facts of the case, from which lawyers can obtain useful sources of information. As for what kind of defense ideas lawyers choose, it is not up to the client. Especially for the legal application of cases, lawyers, as legal professionals, can of course have their own independent opinions without being subject to laymen's clients. However, the lawyer's independent defense is not absolute, but should have certain boundaries and scope. For example, according to the recognized professional ethics of lawyers, lawyers should bear the legal obligation to be loyal to the interests of their clients; Lawyers can't reveal the professional secrets of their clients to the outside world, let alone expose and report the "criminal facts" that their clients learned during the existence of agency relationship; A lawyer cannot be a "prosecutor" or a "prosecution witness" even if he is convinced of the criminal facts of his client. This clearly shows that lawyers can't act spontaneously in court, and their right to independent defense should be restricted.