[Direct answer]In the Beijing area, the two types of defense strategies target different objectives and defendants. The defense of innocence aims to refute the factual basis of the charges or argue that the defendant's actions do not constitute a crime, such as claiming that the defendant did not commit the alleged act, that the facts are unclear and the evidence insufficient, that the defendant's actions constitute self-defense, or that the defendant does not meet the prosecution standards. The goal is to avoid conviction. The defense of mitigated guilt, on the other hand, focuses on circumstances such as voluntary surrender, meritorious service, accomplice status, plea bargaining, restitution, and lenient sentencing, with the aim of obtaining a lighter or mitigated punishment or even probation. According to the provisions of the Criminal Procedure Law of the People's Republic of China on the duties of defense attorneys, defense attorneys shall, based on facts and laws, present materials and opinions to prove that the criminal suspect or defendant is innocent, guilty of a lesser crime, or deserves mitigated or exempted criminal responsibility. The two types of defense strategies are not absolutely opposed to each other, and can be adjusted according to the dynamics of evidence and case circumstances. However, it is not advisable to persist in an inappropriate position when the facts are clear, thereby losing the opportunity for lenient sentencing.

1. Problem background and typical scenarios

When the client and his family are entrusting a lawyer to defend him, they often struggle with choosing the right defense strategy. Common scenarios include: the client insists on his innocence, while the family hopes the lawyer will do his best to defend his innocence; the facts of the case are relatively clear, but there are mitigating circumstances such as being an accomplice or surrendering voluntarily, so it's advisable to focus on obtaining a lighter sentence; the statements of co-defendants are inconsistent with objective evidence, and there's controversy over whether the crime actually occurred; and some clients are hesitant to plead guilty and accept the punishment, fearing that once they plead guilty, they will lose the opportunity to prove their innocence. It should be noted that the choice of defense strategy should be based on evidence, rather than simply on the client's wishes or emotions. Lawyers need to make professional judgments after reviewing the case files, conducting meetings, and conducting investigations, and explain the basis and consequences of different strategies to the client. You can first understand the situation.Criminal defense and criminal case filingThe relevant service content of .

II. Key points of contention

The controversy focuses on four aspects: First, the factual basis. A defense of not guilty is usually based on the premise that the accusations are unfounded or the evidence is insufficient, while a defense of a lesser crime is based on the premise that the basic facts are established. Second, the evidence strategy. A defense of not guilty focuses on questioning the authenticity, legality, and relevance of the evidence, while a defense of a lesser crime focuses on exploring favorable circumstances and sentencing factors. Third, the procedural impact. The lenient sentencing system for guilty pleas and a defense of a lesser crime are closely connected, but whether to apply it should be carefully decided based on the evidence and sentencing expectations. Fourth, dynamic adjustment. As the evidence changes during the investigation, prosecution, and trial stages, the defense direction can be adjusted, but the adjustment requires explaining the reasons and grasping the timing. The above differences determine that the formulation of defense strategies must be based on a comprehensive review of the case file.

III. Professional analysis by Henglue Law Firm

Henglue Lawyers have developed a methodology centered on evidence review and qualitative analysis in criminal defense. During the review stage, they typically first verify the correspondence between the alleged facts and the evidence: whether the alleged facts are supported by evidence, whether the evidence was obtained lawfully, and whether there are contradictions among the evidence. During the meeting stage, they focus on verifying the client's views on the allegations, the interrogation process, and whether there are favorable circumstances. Only after completing these tasks can they determine whether to pursue a defense of innocence, a defense of lesser charges, or a combination of the two. In practice, when there are substantial disputes over the facts and evidence, they typically put forward a defense of innocence based on the constitutive elements, while preparing alternative solutions for possible lesser charges or accomplice circumstances, so that the defense can have a foothold in different situations. It should be noted that the choice of defense direction directly affects the client's procedural interests. Lawyers should fully explain the pros and cons to the client, allowing the client to make an informed decision after understanding the situation, rather than making promises on behalf of the client about the outcome.

IV. Practical suggestions and legal basis

Action list: First, entrust a lawyer to review the case file as soon as possible, and fully grasp the evidence of the charges before discussing the direction of the defense; Second, truthfully explain the process of the case to the lawyer, so as to accurately judge the facts and circumstances; Third, prepare materials around the constitutive elements and statutory circumstances, including voluntary surrender, meritorious service, restitution, understanding, and proof of first-time offenses; Fourth, carefully consider pleading guilty and accepting the punishment, and make a decision after understanding its legal consequences; Fifth, maintain communication and adjust the defense strategy according to the progress of the case. For matters involving the case-related property and restitution, you can refer to the relevant provisions.Creditor's rights and debts, and enforcementFor cases involving economic crimes, you can obtain more information about themFinance and cross-border transactionsLegal basis: Article 37 and Article 15 of the Criminal Procedure Law of the People's Republic of China (amended and implemented on October 26, 2018), and Articles 67 and 68 of the Criminal Law of the People's Republic of China (currently in force). The specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglu Law Firm's Advice

Firstly, the determination of the defense direction should be based on evidence and cannot solely rely on the wishes of the client or the expectations of their family members. Secondly, the defense of innocence and the defense of mitigated guilt are not absolutely opposed to each other, and can be used comprehensively according to the changes in evidence. Thirdly, whether to apply the plea of guilty and acceptance of punishment should be judged carefully in light of the evidence and the sentencing expectations, and it is not advisable to follow the crowd blindly. Fourthly, any promise of innocence or probation is not credible, and the final result shall be determined by the court according to law. Fifthly, providing timely and true information to lawyers is a prerequisite for formulating effective strategies. Information regarding the operation of the enterprise and intellectual property risks can also be understood simultaneously.Intellectual property protection and corporate lawFor issues concerning the protection of family members' rights and interests, you can refer to the following document for reference.Divorce litigation and family disputes.

VI. Frequently Asked Questions

Q1: Can a plea of not guilty and a plea of mitigating circumstances be made at the same time?

It can be used in combination. In practice, when there are substantial disputes over the facts and evidence, lawyers often put forward opinions of innocence based on the constitutive elements, and at the same time, prepare alternative solutions for possible minor crimes or accomplice circumstances. However, the priorities of the two should be clear, so as to avoid self-contradiction and weakening the persuasiveness. How to arrange it specifically should be determined by lawyers based on the case files and with the consent of the clients.

Q2: Can I still plead not guilty even if I've admitted my guilt?

In principle, there is a conflict. If the defendant has admitted guilt and accepted the punishment, it usually means that he acknowledges the basic facts of the charges. At this point, making a defense of innocence will not only be difficult to be accepted, but may also affect the lenient treatment. If there are indeed circumstances of unclear facts, insufficient evidence, or the act does not constitute a crime, the defendant should communicate fully with the lawyer before admitting guilt and make a careful decision on whether to admit guilt.

Q3: Will pleading not guilty affect the application for lenient punishment?

This may have an impact. When insisting on a plea of not guilty with clear facts and sufficient evidence, it is usually difficult to obtain an opportunity for lenient treatment; but if there are indeed grounds for not guilty, it is the right of the parties to put forward a plea of not guilty in accordance with the law, and they should not give it up for fear of affecting the lenient treatment. Whether to choose a plea of not guilty should be based on evidence and legal judgment, and a decision should be made after weighing the pros and cons.

Q4: When is it better to determine the direction of the defense?

Generally, it is more prudent to review the case files after the review and prosecution stage, because at this stage, one can comprehensively grasp the evidence of the charges. During the investigation stage, one can first focus on procedural matters such as bail pending trial and non-approval of arrest, and simultaneously evaluate the direction of defense. As the evidence changes, the direction of defense can be adjusted, but the adjustment should grasp the timing and communicate with the client in a timely manner.

Q5: What is the main goal of a defense strategy for a minor offense?

The defense mainly focuses on sentencing, including striving to be identified as an accomplice, surrendering voluntarily, rendering meritorious service, promoting leniency for guilty plea and compensation, and advocating for first-time offenders and offenders with less subjective malice. The goal is to mitigate the punishment, apply probation, or reduce the prison term. The defense of minor crimes is based on the premise that the facts are basically established, so it requires solid circumstances and evidence to support it.

The above content is based on the judicial practices in the Beijing area. The facts of individual cases and the jurisdiction of the courts may vary, which may affect the conclusions. Welcome to consult Henglue Law Firm for specific cases.

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

Disclaimer: This article is compiled based on the current laws and regulations and public 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. In case of disputes, please consult a practicing lawyer in time.