Is it possible to plead not guilty?
The possibility of not pleading guilty is related to the determination of criminal facts. If there is no criminal fact or alibi, it is possible to plead not guilty. Innocent defense means that the defendant and his defense lawyer defend the defendant in court, and there are only two results: one is that the prosecutor is supported by the court and the defendant is convicted; One is that the defense viewpoint is adopted by the court and the defendant is acquitted. The principle of innocent defense refers to the principle that lawyers must abide by in the process of defending defendants. Once a lawyer decides not to plead guilty, he must dare to insist. In some cases, because the defendant has been detained for a long time, if he is acquitted, the defendant will ask the state for compensation in the future. If the defendant and his family do not let the lawyer plead not guilty, they can make a decision not to prosecute or be exempted from criminal punishment. Defendants and their families often compromise and then force lawyers to give up the plea of not guilty. At this time, lawyers should dare to insist. Judicial interpretation 1, in criminal proceedings, the defendant and his defender (who can only provide legal advice or opinions by the defendant himself) can make a guilty or innocent defense according to the facts of the case. 2. Innocent defense means that the defendant and his attorney defend the defendant in court, and there are only two results. One is that the prosecutor is supported by the court and the defendant is found guilty. The other is that the defendant wins the case and is acquitted. However, in general public prosecution cases, it is difficult for the defendant to win the case in terms of evidential force. If the defendant pleads not guilty blindly, it is actually quite unfavorable to the defendant. Therefore, in practice, lawyers will convince the defendant to plead guilty after reading the case file (the defendant has no right to read it). 3. Guilty defense means that the defendant and his lawyer defend the defendant in court. The result is, of course, that he is convicted, but the punishment may be lighter or mitigated. At first glance, it seems that the plea of innocence is better, but in fact, in most cases, the plea of guilt is more beneficial to the parties, which is the result of specific case analysis and the result of the game between the prosecution and the defense. 5. In the United States, in order to gain their own interests and avoid risks, prosecutors often reach a legal plea bargain to make criminals admit their crimes, and prosecutors can reduce their punishment. 6. Guilty or innocent defense is also a game. Under normal circumstances, if the defendant confesses that the evidence of the crime is conclusive or difficult to explain, the judge may, at his discretion, give a lighter punishment within the statutory penalty range. If the crime is proved, the defendant will definitely be severely sentenced and considered to have a bad attitude of pleading guilty. So it can't be said that guilty defense is worse than innocent defense. In judicial practice, defending the client's innocence must first be determined by the defender according to the facts of the crime. Only when it is determined that the client has not engaged in illegal and criminal activities can he plead not guilty. Defenders can plead not guilty in litigation cases from the perspectives that criminal facts are not established and the parties have no criminal motive and time.