If the lawyer successfully defends the defendant, he is innocent. If the victim's personal freedom is restricted, he can apply to the state for compensation. The principles of innocent defense include familiarity with the case, innocence of evidence, careful decision-making and risk avoidance.
First, the consequences of a lawyer's successful defense of innocence.
The success of the lawyer's innocent defense means that the defendant is innocent, which is clearly stipulated in China's state compensation law. If the victim is taken measures to restrict personal freedom before this, the victim has the right to apply for state compensation because of the violation of personal freedom.
Article 17 of the State Compensation Law of People's Republic of China (PRC) * * * If the organs, detention centers, prison management organs and their staff exercising the functions and powers of investigation, prosecution and trial infringe upon personal rights while exercising their functions and powers, the victims have the right to compensation:
(1) Taking detention measures against citizens in violation of the provisions of the Criminal Procedure Law, or taking detention measures against citizens in accordance with the conditions and procedures stipulated in the Criminal Procedure Law, but the detention time exceeds the time limit stipulated in the Criminal Procedure Law, and then deciding to dismiss the case, not to prosecute or terminate the investigation of criminal responsibility;
(2) After taking measures to arrest a citizen, he decides to dismiss the case, not to prosecute, or to terminate the investigation of criminal responsibility after being acquitted;
(three) according to the procedure of trial supervision, the retrial is changed to innocence, and the original sentence has been executed;
(4) extorting a confession by torture or beating or maltreating others, causing bodily injury or death to citizens, or instigating or conniving others to beat or maltreat others;
(five) the illegal use of weapons and police equipment, resulting in physical injury or death of citizens.
Second, what is the principle of innocence defense?
1. Be familiar with the case. Familiarity with the case requires lawyers to be particularly familiar with and master the whole case, and to be familiar with the occurrence, development and results of the case. Familiar with the facts and circumstances of the defendant's innocence. Only on the basis of being familiar with the case, can we further study and analyze the case in combination with jurisprudence and law and decide whether to defend the defendant's innocence. If you decide to defend the defendant's innocence, you should further analyze how to defend him.
2. Innocent evidence. Sufficient evidence 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. Make a decision carefully. Lawyers should be especially careful when deciding to defend the defendant.
4. Avoid risks. Paying attention to communication requires lawyers to pay attention to communication with courts, public security organs and procuratorial organs when deciding to defend the defendant's innocence.
Third, does the unsuccessful plea of innocence affect sentencing?
The unsuccessful defense of innocence generally does not affect the sentencing, and generally does not aggravate the punishment. A plea of not guilty means that the suspect refuses to admit the crime, and what he has admitted is a confession. Therefore, neither surrender nor confession can be established, and there is no so-called frank attitude that can be lightened or mitigated. Remind you that if the plea of not guilty was unsuccessful at that time, how many years should be sentenced according to the actual charges, and how many years should be sentenced generally; At the same time, if there are bad circumstances such as retraction, the procuratorate can suggest that the court increase the punishment.