[Direct answer]In the Beijing area, the process is "reviewing evidence - proposing exclusion - establishing reasonable doubt". Article 55 of the Criminal Procedure Law of the People's Republic of China stipulates that the judgment of all cases shall be based on evidence and investigation, and confessions shall not be easily believed; if there is only the defendant's confession without other evidence, the defendant cannot be found guilty and punished; if there is no defendant's confession but the evidence is true and sufficient, the defendant can be found guilty and punished. Article 56 stipulates that the confessions of suspects and defendants collected by illegal methods such as extorting confessions by torture, the witness testimonies and victim statements collected by illegal methods such as violence and threats, as well as the physical evidence and documentary evidence collected in violation of legal procedures that seriously affect judicial fairness and cannot be corrected or reasonably explained, shall be excluded. Therefore, the practical focus of defense is to review the legality, authenticity and relevance of each piece of evidence, point out contradictions and gaps, and form a argument that cannot exclude reasonable doubt.

I. Problem Background and Typical Scenarios

In practice, genuine defenses of innocence are rare, and most defenses focus on the insufficiency of evidence. Common situations include: the accusation mainly relies on verbal evidence, with a lack of objective evidence; conflicting statements from co-defendants; the amount of the claim being based on estimates rather than accounting documents; unclear chains of evidence in the collection and storage of physical evidence; and doubts about the source or method of the evidence used in the appraisal opinion. When cases are heard by courts in Beijing, the court emphasizes the principle of evidence-based adjudication, so the focus of the defense is to systematically expose the weak links in the prosecution's evidence system.

II. Key points of contention

First, whether the evidence meets the standards of being true and sufficient. Second, the scope of identifying illegal evidence and the consequences of its exclusion. Third, the rules for accepting contradictory verbal evidence. Fourth, whether the qualifications, procedures, and methods of the appraisal opinion are reliable. Fifth, whether the extraction and integrity of electronic data comply with regulations. Sixth, the handling of cases where there are only the defendant's confessions but no other evidence.

III. Professional analysis by Henglue Lawyers

From the perspective of criminal defense practice, the defense of acquittal due to insufficient evidence usually proceeds along four main lines. Firstly, comprehensive review of the case file and evidence organization. Defense lawyers have the right to review, extract, and copy case file materials, and should establish an evidence index, marking the time, source, and purpose of the evidence, and identifying contradictions and logical breaks. Secondly, review of legality and application for exclusion. For verbal evidence collected by illegal methods, and physical and documentary evidence that do not comply with legal procedures and cannot be corrected, defense lawyers should promptly file an application for exclusion and explain the reasons; for electronic data, attention should be paid to the extraction process, the original media, and integrity verification. Thirdly, questioning the authenticity and relevance of evidence. For appraisal opinions, defense lawyers can review the qualifications of the appraisal institutions, the source and custody chain of the samples, and the consistency between the appraisal methods and conclusions. When necessary, defense lawyers can apply for supplementary appraisal or re-appraisal, or request the appraiser to appear in court. Fourthly, building reasonable doubts. Integrate various contradictions into questions that cannot be ruled out, and demonstrate that the accusation conclusion is not the only one. It should be noted that the defense of acquittal and the defense of sentencing can be prepared in parallel: while maintaining the opinion that the evidence is insufficient, defense lawyers can propose alternative lenient proposals for circumstances such as voluntary surrender, confession, compensation and reconciliation, and plea bargaining to control risks. In addition, synchronous audio and video recordings of interrogation transcripts and entry medical examination records are often important materials for reviewing the voluntariness of confessions, and defense lawyers should request to obtain and verify these materials.

IV. Practical suggestions and legal basis

Action list: Firstly, entrust a lawyer to review the case files as soon as possible and establish a complete list of evidence and a table of contradictions; Secondly, apply for the exclusion of illegally obtained evidence and request the retrieval of synchronized audio and video recordings in a timely manner; Thirdly, put forward targeted cross-examination opinions on appraisal opinions and electronic data; Fourthly, prepare two sets of defense strategies, one for proving innocence and the other for minimizing the punishment, to avoid a single strategy; Fifthly, pay attention to pre-trial conferences and resolve procedural disputes in advance. For matters involving criminal defense and evidence review, you can refer to the following materials for reference:Criminal defense and criminal case filing; For disputes involving appraisal and personal injury, you can refer to the following materials for reference.Personal injury and medical disputesLegal basis: Articles 50, 55, 56, and 59 of the Criminal Procedure Law of the People's Republic of China, and Article 197 (all based on the currently effective version), as well as relevant current regulations on excluding illegal evidence and collecting electronic data in criminal cases. The specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglu Law Firm's Advice

Firstly, the focus of the defense of innocence lies in the evidence system, rather than emotional denial. Secondly, there are clear scope and procedures for the exclusion of illegal evidence, which need to be raised and justified in a timely manner. Thirdly, appraisal opinions and electronic data are often breakthrough points and are worth reviewing item by item. Fourthly, the preparation of defense plans for innocence and mitigated guilt can be carried out in parallel to reduce strategic risks. For matters involving evidence review and defense of innocence, it can be handled through the following methods:Criminal defense and criminal case filingThe service provides a comprehensive solution, which involves identifying disputes and personal injuries that can be combined together.Personal injury and medical disputesFor reference, the plates involved in the case and the execution process can be referred toCreditor's rights and debts, and enforcementColumn.

VI. Frequently Asked Questions

Q1: Does insufficient evidence necessarily mean acquittal?

It's not necessarily the case. The standard of criminal proof in China is that the evidence must be true and sufficient. All facts required for conviction and sentencing must be supported by evidence, and the evidence used to determine the case must be verified through legal procedures and found to be true. Based on the comprehensive evidence of the entire case, the facts determined must exclude reasonable doubts. Insufficient evidence may lead to non-prosecution or acquittal, but if the prosecution can strengthen the evidence, the outcome may be different. Therefore, it is necessary to judge according to the specific circumstances of the case.

Q2: Can a conviction be obtained solely on the basis of a confession, without any other evidence?

No. According to Article 55 of the Criminal Procedure Law, if the defendant confesses but there is no other evidence, the defendant cannot be found guilty and sentenced to punishment; if the defendant does not confess but the evidence is authentic and sufficient, the defendant can be found guilty and sentenced to punishment. Therefore, the defense can focus on reviewing whether there is objective evidence to corroborate it, and point out that the accusation based solely on verbal evidence cannot meet the standard for conviction.

Q3: How to apply for the exclusion of illegal evidence?

It should be submitted in writing before the trial or during the court investigation stage, stating the clues or materials such as the personnel involved in the alleged illegal evidence collection, the time, place, method, and content. Statements collected by illegal methods such as torture to extract confessions, as well as witness testimonies and victim statements collected by illegal methods such as violence and threats, shall be excluded. If necessary, an application may be made to retrieve the audio and video recordings of the interrogation and the medical examination records upon admission to the detention facility.

Q4: What should I do if I have objections to the appraisal opinion?

The reviewing authority may examine the qualifications of the appraisal institutions and appraisers, the sources and custody chains of the appraisal materials, the appraisal methods and processes, and whether the conclusions are consistent with other evidence, and put forward cross-examination opinions; when necessary, apply for supplementary appraisals, reappraisals, or request the appraisers to appear in court to give evidence. For electronic data, attention should also be paid to whether the extraction procedures, the original media, and the integrity verification are in compliance with the regulations.

Q5: If a lawyer both defends the client's innocence and admits guilt and accepts the punishment, would there be a conflict of interest?

This requires careful handling. Confessing guilt and accepting punishment presupposes admitting the facts of the accusation, which is in tension with insisting on the defense of innocence. In practice, strategies can be adjusted at different stages, such as insisting on the lack of evidence at the evidence review stage, and putting forward a proposal for leniency based on alternative circumstances at the sentencing stage. The specific plan should be comprehensively evaluated based on the strength of the evidence, the charge and the sentencing range, and arranged by the defense attorney.

The above content is based on the judicial practice in the Beijing area. The facts of individual cases and the jurisdiction of the court may affect the conclusions. Welcome to consult Henglue Law Firm about specific situations.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, to avoid missing the statutory time limit. →Criminal defense legal services·Beijing Henglue Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and publicly available adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If you encounter disputes, please consult a practicing lawyer in time.