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How to deal with the non confession of theft

Time: June 19, 2024 label: criminal defense criminal action Reading: 1227 people

Lawyer's analysis:

If the defendant does not admit the charge charge , according to the "People's Republic of China criminal procedure law 》Article 227 of the People's Court of the People's Republic of China clearly stipulates that the defendant has the right to submit objections and reasons for objections to the people's court at a higher level in written or oral form. This right means that even if the defendant did not admit the accusation at the first trial stage, they can still defend their own rights and interests through the appeal procedure, including the opportunity to defend themselves and express their personal views. In the process of appeal, the defendant can put forward various defense reasons, including the reasons for denying the accusation, as well as the relevant evidence And so on. If the appeal court finds that the facts on which the original trial decision was based are ambiguous or the evidence is insufficient, it can send the case back to the lower court for retrial, or directly make a decision to change the judgment. Therefore, for those defendants who do not admit the accusation, they are still likely to get a fair trial result in a higher court through the appeal procedure.

Legal basis:

Article 264 of the Criminal Law of the People's Republic of China
Whoever steals a relatively large amount of public or private property, or repeatedly steals, enters the house to steal, or steals with lethal weapons, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also, or shall only, be fined; If the amount is huge or if there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years and shall also be fined; If the amount is especially huge or if there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment and shall also be fined or sentenced to confiscation of property.

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Lawyers' answers

ask Precondition for withdrawal of criminal case

After the procuratorate makes the decision to prosecute, if it finds that there is no criminal fact, the public security organ will make the decision to withdraw the prosecution. Although there are criminal facts, the procuratorate will also withdraw the case if it finds that the crime is not committed by the defendant in a criminal case. For public prosecution

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ask Time limit for protest to the procuratorate

The time to protest to the procuratorate is five days. Protest is different from appeal. Protest is a kind of judicial remedy right granted to the victim by the legal system. If the victim and his legal representative think that the judgment of first instance is not in conformity with laws and regulations, they need to appeal to... within five days after receiving the judgment

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ask The public security bureau refuses to hand over the case to the procuratorate

If the public security organ fails to transfer the case to the procuratorate after the investigation is completed, there may be the following situations: 1. Further investigation is required 2. The case is complex and the investigation has not been completed 3. Other situations stipulated by laws However, if the public security organ has no legitimate reason, long

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