The prosecutor asked the lawyer not to plead not guilty [Procuratorate prosecution stage]

The vast majority of criminal cases in our country are public prosecution cases. Before entering the trial process, they generally go through investigation and review by the public security organs and procuratorial organs. After entering the litigation process, they must go through the case filing review and pre-trial review by the People's Court before they can be heard in court. It is rare for cases to be erroneously characterized as innocent and charged and tried as guilty. In addition, the public prosecutor’s office occupies a strong position in our country’s criminal proceedings. If the defense lawyer wants to do nothing in the trial project, Guilty defense undoubtedly questions and denies the case-handling capabilities and credibility of the public prosecutors and judicial organs, which ultimately leads to the embarrassing situation of innocence defense in actual judicial practice.

Article 37 of the Criminal Procedure Law of the People's Republic of China stipulates:

The defender's responsibility is to present materials and opinions on the basis of facts and law that criminal suspects and defendants are innocent, have minor crimes, or reduce or exempt their criminal liability , and safeguard the litigation rights and other legitimate rights and interests of criminal suspects and defendants.

This provision clarifies that defenders should comment on facts and law in criminal proceedings, provide materials and opinions on the innocence/minority/reduction of criminal liability of criminal suspects and defendants, and safeguard the litigation rights and other legitimate rights and interests of criminal suspects and defendants. .

From the date of review and prosecution, defense lawyers can correspond with the defendant, review files, investigate and collect evidence, etc. At this stage, the defense lawyer has the opportunity to obtain a large amount of information, so the conditions for the lawyer to propose a not guilty defense opinion are more sufficient. If the defendant meets the conditions for a not guilty defense, it is recommended that the lawyer should choose the option of a not guilty defense. If the procuratorate intervenes in this , that is, the litigation rights of the defense lawyer are seriously damaged, and the lawyer can complain or accuse the procuratorate at the same level or the procuratorate at a higher level.