The defense of innocence should follow the following principles:
1, be particularly familiar with the case. Familiarity with the case requires lawyers to be particularly familiar with and master the overall situation of the case and be familiar with its occurrence, development and results. Familiar with the facts and circumstances of the defendant's innocence;
2. Sufficient evidence of innocence means that the lawyer provided sufficient evidence for the defendant's innocence. It's not easy not to plead guilty. Only when the evidence is sufficient can the defense be guaranteed, the facts and reasons of the prosecution can be fundamentally denied, and the innocent opinion of the defense lawyer can be adopted by the judge.
3. Be careful when making decisions. Lawyers should be especially careful when deciding to defend the defendant.
4. Pay attention to communication to avoid risks, pay attention to communication, and ask lawyers to pay attention to communication with courts, public security organs and procuratorial organs when deciding to defend the defendant's innocence.
The situation of pleading not guilty is as follows:
1. A death penalty case refers to a case in which the defendant may be sentenced to death according to law. Because the death penalty is the most severe punishment, people can't be resurrected after death, so the defense of death penalty cases must be cautious, and it can't bring any disadvantage to the defendant, otherwise it will be a disaster. But it is precisely because of the seriousness of the death penalty that lawyers must be good at finding problems in cases, and whether the problems found are enough to support lawyers' innocent defense is the place to consider lawyers' courage. In judicial practice, the law stipulates that "no doubt" is more "less suspicion";
2. Cases with an accessory * * * In the same crime, if an accessory is identified, according to the law, he should generally be given a lighter punishment than the principal offender. However, in judicial practice, because the principal pleads guilty, the accessory does not plead guilty, and the lawyer defends the accessory, resulting in cases in which the accessory is declared heavier than the principal. Once this happens, the lawyer's defense effect will have a direct and objective evaluation standard. If the defendant and his family are dissatisfied, the defendant's family will complain. Therefore, in the case of an accomplice, lawyers must carefully consider whether to plead not guilty.
3. In cases that may constitute other charges, the charges charged by the procuratorate are not established, but may constitute another charge. Whether a lawyer defends innocence is a question that needs careful consideration. Because the charge accused by the procuratorate is not established, but the court can change other charges, the lawyer is in a dilemma. If it constitutes another charge, it is suspected of acting as a public prosecutor; If you only plead not guilty to the charges accused by the procuratorate, you may not be able to express any opinions on the sentencing of the charges finally pronounced by the court. Therefore, lawyers should integrate the whole case, actively communicate with the defendant and his family, inform the defendant and his family of the risks and consequences, and decide whether to plead not guilty on the basis of listening to their opinions.
To sum up, the plea of innocence refers to the criminal suspect's refusal to admit the criminal act, and what he has admitted is the confession. In this way, surrender and confession are not established, and there are no circumstances that can be lightened or mitigated, such as a good attitude towards confession.
Legal basis:
Article 43 of the Criminal Procedure Law of People's Republic of China (PRC)
The right of defense lawyers to investigate and collect evidence. With the consent of witnesses or other relevant units and individuals, defense lawyers may collect materials related to the case from them, apply to the people's procuratorate or the people's court to collect and obtain evidence, or apply to the people's court to notify witnesses to testify in court.
With the permission of the people's procuratorate or the people's court, and with the consent of the victim or his close relatives or witnesses provided by the victim, the defense lawyer may collect materials related to the case from them.