How to write when the defender pleads innocence?

I counsel How do you write a plea of innocence?

To defend the defendant's innocence, we should mainly defend from the following aspects:

(1) Provided by the prosecution or defense evidence , can prove that the defendant should be found innocent according to the law under the following circumstances: the circumstances of the defendant's behavior are obviously minor and the harm is not serious, so it is not considered as Crime ; The defendant's behavior is legal; The defendant failed to implement the accusation of the prosecution criminal act ;

(2) Accused by the prosecution lack of evidence , the defendant cannot be found guilty;

(3) Other circumstances in which the defendant is found innocent according to law.

2、 Judicial interpretation

1. On criminal action The defendant and his/her defender (decided by the defendant, who can only provide legal advice or opinions) can plead guilty or innocent according to the circumstances of the case

2. Innocent defense refers to the defendant and his/her agent The lawyer pleaded for the defendant's innocence in the trial, but only two of them were found prosecution With the support of the court, the defendant was found guilty One is the defendant Win the lawsuit Was found not guilty

However, due to the general public prosecution In terms of evidential force, it is difficult for the defendant to overturn the case and win the case. In fact, it is quite disadvantageous for the defendant to insist on innocent defense. Therefore, in practice, lawyers will persuade the defendant to plead guilty after reading the case file (the defendant has no right to read it)

3. Guilty defense refers to the defense of the defendant and his lawyer in the court trial The result is, of course, a conviction, but the punishment may be mitigated or mitigated

4. It seems that innocent defense is better, but in fact, in most cases, guilty defense is party More favorable, this is the result of the specific analysis of specific cases, and also the result of the game between the controller and the defender

5. In the United States, in order to gain their own interests and avoid risks, the prosecution and the defense often conclude legal litigation and defense transactions, so that criminals can admit their crimes and the prosecution can lower their charges punishment Because the trial judge in any country cannot go beyond the prosecution's demands and increase the punishment himself

6. The defense of guilt or innocence is also a kind of game. Under normal circumstances, the defendant confesses a crime or punishment that is hard to defend, and the judge may, at his discretion Statutory punishment In section Lighter punishment If the crime is confirmed and the defendant continues to plead, he will definitely be sentenced again and considered to have a bad attitude of pleading guilty Therefore, it cannot be said that the guilty defense is inferior to the innocent defense.

Innocent defense is the defense based on the client's Claim , related to the prosecution of the plaintiff charge perhaps Criminal facts The act of defending a denial. In judicial practice, the defense of innocence should produce accessory If the facts of the crime are not established, we can not plead innocence, but only misdemeanor Defense, these two can not be applied at the same time, in the case of innocent defense, it is impossible to defend in misdemeanor.