[Direct answer]In the Beijing area, a defense based on innocence is a viable approach, but the outcome cannot be guaranteed. The key lies in the facts, evidence, and legal application: first, whether the evidence meets the standards of being certain and sufficient and can rule out reasonable doubt; second, whether the behavior meets the elements of a crime and whether there are exculpatory factors such as self-defense or the circumstances being insignificant; third, whether the procedures are legal and whether illegal evidence can be excluded. According to Article 16 and Article 177 of the Criminal Procedure Law of the People's Republic of China (amended in 2018 and implemented on October 26, 2018), if there is no criminal fact or if criminal responsibility should not be pursued according to law, a decision of non-prosecution shall be made; if the circumstances are minor, a decision of non-prosecution may also be made at the discretion of the prosecutor. At the trial stage, the court may make a judgment of acquittal. The value of a lawyer lies in carefully reviewing the case file, accurately identifying evidence flaws and legal loopholes, and putting forward strong defense opinions, rather than making empty claims of "innocence".

1. Problem background and typical scenarios

The parties involved and their families are most concerned about "whether they can be acquitted". Typical situations include: the evidence in the case is mainly verbal evidence and contradictory statements; the witness's testimony conflicts with the defendant's confession; the behavior may constitute self-defense or fall below the threshold for criminal prosecution; and there are procedural violations and illegal evidence collection in the case. The judicial authorities in Beijing are quite strict in grasping the standard of evidence. If lawyers can identify key issues, they can often promote non-prosecution or a change in the verdict; but if the evidence is indeed sufficient, insisting on acquittal will not be conducive to obtaining leniency.

II. Key points of contention

First, whether the evidence meets the standard of being truly sufficient and excluding reasonable doubt. Second, whether the act meets the constitutive elements of a crime and whether there are exculpatory factors. Third, the application conditions and effects of excluding illegal evidence. Fourth, the differences and applications of non-prosecution and acquittal in trial. Fifth, how to choose and balance between a defense of innocence and a defense of mitigated guilt. These issues determine the choice of defense strategies.

III. Professional analysis by Henglue Lawyers

A case handled by Henglue Law Firm illustrates the impact of evidence review on the determination of the nature of the crime: The defendant drove a vehicle into a laboratory at a mixing station, resulting in one death and two injuries. The lawyer accepted the entrustment from the victim's family to represent them in the accompanying civil action, and conducted a thorough review of the case files, including physical evidence, documentary evidence, witness statements, the defendant's confession, appraisal opinions, on-site inspection transcripts and photos, audio-visual materials, etc. Regarding the subjective intent, the circumstances of voluntary surrender, and the determination of the crime, the lawyer conducted a detailed analysis: Before the impact, the defendant had clear threatening language and accelerated the collision, knowing that there were people inside but not avoiding them, indicating his clear subjective intent; When the defendant called the police, he lied about the brake failure and gave inconsistent statements, which did not constitute voluntary surrender according to the law; The victim's normal work and communication did not constitute fault, and the defendant should be convicted of intentional homicide. The court adopted the lawyer's opinion and imposed a heavier punishment on the defendant according to the law. Although this case was not a defense of innocence, it still shows that a meticulous review of the relationship between evidence and the law is the core competence of criminal defense, regardless of the direction. This case was handled by Beijing Henglue Law Firm.Liu LiqiangThe attorney (practice certificate number: 11101200910454358, subject to the certificate issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

Action list: First, entrust a lawyer to review the case files as soon as possible to grasp all the evidence materials; Second, focus on reviewing the evidence's admissibility and probative force, and identify contradictions and loopholes; Third, evaluate whether there are exculpatory circumstances such as self-defense or minor circumstances; Fourth, if illegal evidence collection is discovered, promptly file a motion to exclude it; Fifth, rationally assess the pros and cons of acquittal and mitigated punishment, and choose the most advantageous defense strategy. Legal basis: Article 16, Article 56, Article 177, and Article 200 of the Criminal Procedure Law of the People's Republic of China (amended in 2018 and implemented on October 26, 2018), and Article 13 and Article 20 of the Criminal Law of the People's Republic of China (amended in 2020 and implemented on March 1, 2021). For matters related to criminal defense, please refer to the relevant provisions.Criminal defense and criminal case filingServices. The specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglue Law Firm's Reminder

Firstly, a plea of not guilty is a direction rather than a promise. Never believe the guarantee that "you will definitely be acquitted". Secondly, evidence is the lifeblood of criminal cases, and contradictions and flaws provide room for defense. Thirdly, exculpatory grounds and procedural violations are often more effective than simply denying the facts. Fourthly, based on the circumstances of the case, weigh the options between acquittal and a light sentence to avoid strategic mistakes. Fifthly, the earlier you get involved, the more you can influence the direction of the case. For cases involving property infringement, you can combine it with other legal means to protect your rights.Creditor's rights and debts, and enforcementFor cases involving personal injury, you can refer to the relevant provisions in the Civil Code of the People's Republic of China.Personal injury and medical disputesThe column provides consultation on corporate management and complianceBusiness and contract disputes in enterprisesThe team can assist with other difficult cases as neededSpecial services.

VI. Frequently Asked Questions

Q1: Is the success rate of a not-guilty defense high?

There is no universal answer, as it depends on the evidence and the circumstances of the case. If the evidence is indeed sufficient and the perpetrator has actually committed a crime, it will be difficult to defend against a conviction. However, if there are obvious contradictions or insufficient evidence in the evidence, or if the act does not constitute a crime or there are justifiable defense grounds, there is a greater chance of acquittal or non-prosecution. No lawyer should promise a guarantee of victory or acquittal.

Q2: Under what circumstances can one successfully secure a non-prosecution decision?

According to Articles 16 and 177 of the Criminal Procedure Law of the People's Republic of China, if there are no criminal facts, the circumstances are significantly minor and the harm is not great, it shall not be considered a crime, or criminal responsibility shall not be investigated according to law, a decision of non-prosecution shall be made or may be made. If the circumstances are minor, the defendant admits guilt and accepts the punishment, and obtains the victim's forgiveness, he may also be granted relative non-prosecution.

Q3: What will be done if there is insufficient evidence?

If the evidence is insufficient and the defendant cannot be found guilty, a decision of non-prosecution may be made during the review and prosecution stage; at the trial stage, the court shall make a verdict of not guilty due to insufficient evidence and the inability to establish the alleged crime. Lawyers can promote the process by pointing out contradictions in the evidence and applying for the exclusion of illegal evidence.

Q4: Can a plea of not guilty and a plea of mitigated guilt be raised simultaneously?

In practice, lawyers usually choose strategies based on the circumstances of the case. In some cases, they may first argue that the defendant did not commit a crime, and at the same time, put forward opinions on sentencing circumstances (such as voluntary surrender, return of illicit gains, reconciliation with the victim, and being an accomplice). These two approaches are not entirely conflicting, but they need to be balanced with the evidence and the situation in the courtroom to avoid self-contradiction.

Q5: What can family members do to cooperate with the treatment?

The family should hire a lawyer as soon as possible, provide materials such as the daily behavior of the client, social relationships, and willingness to compensate, and cooperate in seeking understanding and returning the illicit money; at the same time, keep the documentary evidence related to the case, chat records, transfer certificates, etc., and hand them over to the lawyer in time to provide support for the defense.

The above Q&A is mainly based on the judicial practice in Beijing. There may be differences in the adjudication standards in other regions. It is recommended to consult a professional lawyer based on the specific circumstances of the case.

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·Attorney Liu Liqiang·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and open 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.