Reasons for "innocence" in the trial stage of acquittal judgment in criminal cases 1. Judgment of Innocence (1) If the defendant is found innocent according to law, a judgment 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 old and has not been subjected to criminal punishment, it shall be declared that the defendant is not criminally responsible (according to the provisions of China's criminal law, a person who is over 14 years old and under 16 years old commits intentional homicide, intentional injury, serious injury or death, rape, robbery or robbery. (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 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 judgment 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. The possible forms of "acquittal" have been analyzed in detail in the previous article. The particularity of criminal procedure determines that there are different ways to deal with it at different stages of criminal procedure. Not only the property involved in the case of criminal suspects and defendants. But also about their personal freedom. After reading this complicated provision of "acquittal", I can better understand the importance of hiring professional criminal defense lawyers when I or my relatives and friends encounter "major events". Professional criminal lawyers can accurately grasp the measures that should be taken at different stages of criminal proceedings, and then seek "acquittal" according to the case.
Legal objectivity:
Article 313 of the Criminal Law: Whoever refuses to execute a judgment or ruling that the people's court has the ability to execute, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or a fine; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined. If a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be punished in accordance with the provisions of the preceding paragraph.