If there is no justifiable reason for the defense of innocence, there are legal lenient circumstances other than minors (such as successful defense of accomplices) and students are in school, they can fight for the defense of non-prosecution or the defense of conviction and exemption from punishment; If there is no such situation, defend it. Whether you can get a good result in the end depends on whether you can find all the facts and plots that are beneficial to the defendant and explain them to the case-handling organ concisely, reasonably and forcefully in time-this requires certain criminal legal literacy and defense language skills.
Legal objectivity:
Innocent defense means that the defendant and his defense lawyer defend the defendant in court. According to the provisions of China's criminal law and criminal procedure law, a plea of innocence can be made under the following circumstances: 1. The defendant has no subjective elements of committing a crime, either intentionally or negligently. A crime with intention as the constitutive element of a crime does not constitute an intentional crime, because the defendant has no subjective intention. A crime with negligence as the constitutive element of a crime does not constitute a negligent crime because the defendant has no negligence. It is neither intentional nor negligent, and does not constitute any crime. Second, the defendant is not the subject of the crime, and the crime must also meet the main requirements stipulated in the criminal law. People under the age of 14 are not criminally responsible for committing crimes, while people over the age of 14 and under the age of 16 are not criminally responsible for committing crimes, except for eight counts of intentional homicide, intentional serious injury or death, rape, robbery, drug trafficking, arson, explosion and poisoning. Article 18 of the Criminal Law stipulates that if a completely mentally ill person commits a crime or an intermittent mentally ill person commits a crime, he shall not bear criminal responsibility. Third, the evidence of the defendant's criminal behavior is insufficient. The basic principles of law, such as "a legally prescribed punishment for a crime" and "the adaptation of crime and punishment", are the basic principles of criminal trial. The criminal procedure law establishes the principle of presumption of innocence. Evidence can not form a complete chain of evidence or the chain of evidence is out of line, which will affect the determination of criminal facts and should be pleaded not guilty. 4. The evidence obtained by the case-handling organ in violation of legal procedures is used to prove that the facts of the case are very likely to be wrong, and its authenticity and impartiality are difficult to guarantee. Article 43 of the Criminal Procedure Law stipulates that "judges, prosecutors and investigators must collect all kinds of evidence that can prove the guilt or innocence of criminal suspects and defendants and the seriousness of crimes in accordance with legal procedures. It is strictly forbidden to extort confessions by torture and collect evidence by illegal methods such as threats, temptations and deception. " Article 6 1 of the Supreme People's Court's Interpretation on Several Issues Concerning the Execution of the Criminal Procedure Law clearly stipulates: "It is strictly forbidden to collect evidence by illegal means. Witnesses' testimony, victim's statements and defendant's statements obtained by extorting a confession by torture or by threatening, luring or cheating, etc., cannot be used as the basis for finalizing the case. "Therefore, the evidence obtained by failing to perform the statutory obligation of informing or violating the procedure should be resolutely denied. Fifth, criminal law does not consider it a crime. For example, Article 13 of the Criminal Law stipulates that "the circumstances are obviously minor and the harm is not great" does not constitute a crime; Article 16 of the Criminal Law stipulates that harmful acts caused by "force majeure" or "unforeseeable" reasons do not constitute a crime; Article 20 of the Criminal Law stipulates that self-defense is not criminally responsible; Article 21 of the Criminal Law stipulates that there is no criminal responsibility for emergency hedging. Six, the criminal law will not be investigated for some acts, although it has caused serious damage to the obligee, but due to its special reasons, it will not be investigated for criminal responsibility. For example, Article 87 of the Criminal Law stipulates that those who exceed the limitation of prosecution shall not be investigated, and Article 15 (4) of the Criminal Procedure Law stipulates that if the victim of a private prosecution case fails to prosecute or withdraws his prosecution, he shall not be investigated.