Research On The Defense Of Innocence In Plea Cases

In October 2018,the unique Chinese-style leniency system of confession and punishment was officially established,which promoted the transformation of criminal justice from "punishing crimes" to "governing the country according to law" through its normalized application.Although the implementation of the leniency system has solved some of the problems caused by the scarcity of judicial resources,it has also brought new issues to the relationship between the litigation procedure and the litigation subject.Among them,whether a defendant can plead not guilty after confessing and accepting punishment has been controversial in the practical field.This article intends to use empirical research methods to study the judicial status of the not guilty defense in confession and punishment cases,based on a sample of 263first-instance cases of confession and punishment with a not guilty defense.The article also focuses on the typical cases encountered in the sorting process,and proposes suggestions based on the current legal provisions and practical considerations regarding the increasing number of confession and punishment cases with a not guilty defense.Apart from the introduction,the article is divided into four parts.The first part is a legal analysis of the no guilty defense in cases involving guilty pleas.Firstly,the controversy surrounding the no guilty defense in these cases centers on how to balance judicial fairness and efficiency,as well as the right to independent defense and the rights of the accused.Secondly,the legitimacy of the defense is discussed,answering the question of whether a no guilty defense should be allowed after a guilty plea.It is argued that given legal provisions,the need for criminal justice system reform and substantive trial reform,defense witness obligations,and the need to break away from conventional thinking,such cases should be allowed a no guilty defense.Finally,the special nature of these cases is discussed,including the role transformation of lawyers and the shift of defense focus.The second part is an analysis of the current situation of China’s no guilty defense in plea bargaining cases.Based on the judicial decisions of the sample cases,the no guilty defense in plea bargaining can be classified into "consensual" and "conflict" types.At present,the judicial situation of no guilty defense in plea bargaining in China shows the characteristics of a low rate of no guilty defense,the key argument being insufficient evidence,the cases mainly involving minor crimes,and the common phenomenon of no guilty defense leading to a lighter sentence.The third part analyzes the problems revealed in the cases of innocent plea in the context of the leniency system of pleading guilty.First,it is found that the confusing application of procedures and the lack of unified standards in different regions have led to practical differences in operation.Second,the mismatch between the leniency system of pleading guilty and the defense system is manifested in the unclear definition of the limits of independent defense and the insufficient number of lawyers to cope with existing cases.Third,the prevalence of the leniency system of pleading guilty may distort the voluntariness and truthfulness of the plea.Finally,the lack of protection for the rights of the accused is manifested in the absence of the right to access case files,long-term pre-trial detention that leads to coerced confessions,and inadequate communication between the accused and the defense counsel.The fourth Part proposes suggestions to improve the problem of acquittal defense in guilty plea cases.Firstly,to improve the trial procedures and applicable legal regulations,the law should recognize that guilty plea cases can be defended for acquittal,clarify the supporting procedures for guilty plea acquittal defense cases,and regulate reasonable measures to avoid the abuse of acquittal defense.Secondly,to establish the basic principles for acquittal defense in guilty plea cases,including independent defense by lawyers with the defendant’s opinion at the center,and all parties should handle the cases of acquittal defense in guilty plea with caution.Thirdly,to fully protect the litigation rights of the defendant,including reducing unnecessary pre-trial detention to ensure the authenticity of guilty pleas,guaranteeing effective communication between the defendant and the defense counsel during pretrial and trial stages,and establishing an evidence disclosure system to safeguard the right to review the case files and establish the presumption of innocence in the minds of the parties involved.