How to deal with the suspect’s plea of ​​innocence [Prosecutor’s Prosecution Stage]

During the review and approval of arrest, the lawyer was unable to see the file materials, and it was impossible to draw accurate conclusions based only on the suspect's confession and partial evidence.

Therefore, lawyers must attach great importance to the suspect's plea of ​​innocence to prevent the suspect from losing the opportunity to plead guilty and accept punishment, and they must not fully accept his confession without thinking. Lawyers should conduct investigations and evidence collection within the scope permitted by law, and conduct full research and demonstration on the application of relevant laws, including possible changes to compulsory measures, substantive leniency, etc.

If the relevant facts and evidence cannot be accurately determined after conducting relevant investigations, the suspect may be advised to write down the case facts and defense opinions on his own. The defender can fully communicate with the suspect on the application of relevant laws to ensure that correct choices are made in terms of defense strategy, substantive and procedural aspects of the case.

In practice, during the prosecution process by the procuratorate, lawyers should be cautious about the innocence defense of criminal suspects. They should make independent and professional judgments based on the information they have about the case or necessary investigation and evidence collection, and try to be consistent with the crime. Suspects communicate to reach consensus.

Back to blog