1. If there is insufficient evidence in a criminal case and you refuse to plead guilty, you need to make a judgment based on the specific case and the existing evidence. If the evidence is insufficient, the public security organs need to carry out supplementary investigation, and the people's court also needs to make a decision not to prosecute, then it will make a verdict of innocence.
2. Legal basis: Article 175th of the Criminal Procedure Law of People's Republic of China (PRC).
Supplementary investigation of a case examined by a people's procuratorate may require the public security organ to provide evidence materials necessary for the trial; If he thinks that there may be cases of collecting evidence by illegal means as stipulated in Article 56 of this Law, he may be required to explain the legality of collecting evidence.
When examining a case, the people's procuratorate may return it to the public security organ for supplementary investigation or conduct its own investigation.
A case under supplementary investigation shall be completed within one month. Supplementary investigation is limited to two times. After the supplementary investigation is transferred to the people's procuratorate, the people's procuratorate recalculates the time limit for examination and prosecution.
If the people's procuratorate still believes that the evidence is insufficient and does not meet the conditions for prosecution in the case of the second supplementary investigation, it shall make a decision not to prosecute.
Article 176
Conditions and procedures for instituting public prosecution If a people's procuratorate considers that the criminal facts of a criminal suspect have been ascertained and the evidence is true and sufficient, and criminal responsibility should be investigated according to law, it shall make a decision to institute public prosecution in a people's court in accordance with the provisions on trial jurisdiction, and transfer the case files and evidence to the people's court.
Sentencing suggestion of pleading guilty and admitting punishment If a criminal suspect pleads guilty and confesses punishment, the people's procuratorate shall make sentencing suggestions on the principal punishment, supplementary punishment, whether probation is applicable, etc. And transfer the confession and other materials with the case.
Article 177
Legal conditions for non-prosecution If the criminal suspect has no criminal facts, or is under any of the circumstances specified in Article 16 of this Law, the people's procuratorate shall make a decision not to prosecute.
The condition of discretionary non-prosecution is that the circumstances are minor and there is no need to sentence or exempt the punishment according to the provisions of the criminal law. The people's procuratorate may make a decision not to prosecute.
In cases where the people's procuratorate decides not to prosecute, the property sealed up, detained or frozen during the investigation shall be thawed at the same time. If the plaintiff who is sorry needs to be given administrative punishment, punishment or confiscation of illegal income, the people's procuratorate shall put forward procuratorial opinions and transfer them to the relevant competent authorities for handling. The relevant competent authorities shall promptly notify the people's procuratorate of the results.
2. What are the main circumstances in which the criminal suspect does not plead guilty?
1. The defendant refused to plead guilty from the day he was arrested, especially in drug cases. In the trial practice, the particularity of one-on-one drug cases leads to conviction and sentencing mainly relying on the unanimous confession of drug buyers and sellers, lacking corresponding physical evidence. The defendant was lucky and unwilling to confess truthfully in an attempt to escape punishment;
The accused confessed truthfully after being arrested, but with the passage of time, he changed his confession and refused to admit the facts of the crime. At the beginning of being arrested, some defendants were forced by the strong pressure of the judicial organs to admit the facts of the crime, but deep down they were unwilling to accept sanctions and resist reform. After the initial panic, he rebuilt his psychological defense and rebelled against the law;
3. In the crime of * * *, the defendant shirked the details of division of labor and cooperation, and was unwilling to bear the main responsibility. This phenomenon often appears in the trial of robbery and robbery cases. The defendants who committed robbery and robbery cases had a relatively low education level, and most of them were fellow villagers and friends. After the incident, each defendant tried to shift the responsibility to others to reduce his criminal responsibility.
4. There are many flaws in the evidence of the public security organs, which leads to the defendant's voluntary confession in the public security and procuratorial stages. However, when he arrived at the court, he refused to plead guilty after being instructed by the defense lawyer, mainly in rape cases. Because the victim's repeated statements were different from the defendant's confession, the defendant thought in court that it was not rape but adultery.