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 is innocent according to the law under the following circumstances: the circumstances of the defendant's behavior are significantly minor, the harm is not serious, and it is not considered a crime; The defendant's behavior is legal; The defendant did not commit the criminal act charged by the prosecution;

(2) The evidence charged by the prosecution is insufficient and 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 lawyer There were only two excuses for the defendant's innocence in the trial, one was prosecution With the support of the court, the defendant was found 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 for the defendant who is guilty but not guilty. The result is, of course, guilty, but the punishment may be mitigated or mitigated

4. It seems that the innocent defense is better, but in fact, in most cases, the guilty defense is more beneficial to the parties, which is the result of the specific analysis of specific cases, and also the result of the game between the prosecution and the defense

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 game. Under normal circumstances, if the defendant confesses to a crime or punishment that is hard to defend, the judge may, at his discretion, impose a lighter punishment within the statutory punishment range. If the crime is confirmed, the defendant will continue to defend, and will certainly be sentenced again, and is considered to have a bad attitude towards confession. Therefore, it cannot be said that the defense of guilt is less favorable than the defense of innocence.

Innocent defense is the defense based on the client's litigation Request, relating to the prosecution of the plaintiff charge Or denial of criminal facts. In judicial practice, the defense of innocence should produce accessory If the facts of the crime are not established, it can not be used as a defense of innocence, but only as a defense of misdemeanor. These two cannot be applied at the same time. In the case of a defense of innocence, it is impossible to defend a misdemeanor.