[Direct answer]In the Beijing area, there is no legal provision that imposes heavier punishments on defendants who exercise their right to defense in accordance with the law. The right to defense is a statutory litigation right, and the people's courts shall not impose heavier punishments on defendants because they plead not guilty. However, it is necessary to distinguish between "consequences" and "punishments": If the defendant completely denies the charges, it may affect the determination of mitigating circumstances such as confession, plea bargaining, etc., thus losing the corresponding mitigating scope, which is a difference in sentencing circumstances rather than a punishment for exercising the right to defense. According to the provisions of the Criminal Procedure Law of the People's Republic of China (amended in 2018) on not imposing heavier punishments on appellants, the second-instance people's courts shall not impose heavier punishments on defendants when reviewing cases appealed by defendants, except where the people's procuratorate files a counter-appeal or the self-prosecutor appeals. Therefore, whether to exercise the right to defense should be based on a rational judgment of the facts and evidence. It is recommended that lawyers assess the evidence situation before determining the strategy.

I. Problem Background and Typical Scenarios

In practice, family members often have two concerns: first, they worry that pleading not guilty may offend the case-handling authorities and lead to a heavier sentence; second, they fear that not pleading guilty may result in the loss of the opportunity for leniency through admitting guilt and accepting the punishment. There are also cases where the defendant insists on a full denial despite knowing that the evidence is unfavorable, only to fail to obtain an acquittal and lose the opportunity for leniency. In the judicial practice of the Beijing area, the court guarantees the right to a legal defense, and the sentencing is still based on the facts, evidence, and statutory circumstances.

II. Key points of dispute

The controversy focuses on four points: Firstly, whether the exercise of the right to defense may be punished in disguise; Secondly, how to balance the tension between the plea of not guilty and the plea of guilty and accepting the punishment; Thirdly, the differences in sentencing evaluation between the plea of minor offense, partial denial, and complete denial; Fourthly, the scope of application and exceptions of not imposing a heavier sentence in the second-instance appeal. Generally speaking, the law prohibits the imposition of a heavier sentence for exercising the right to defense, but the determination of sentencing circumstances is closely related to whether the defendant pleads guilty, makes restitution, or reaches a settlement with the victim.

III. Professional analysis by Henglue Law Firm

According to the experience of Henglue Lawyers, the defense strategy should be based on evidence evaluation rather than emotional confrontation. First, evidence evaluation: Review the conviction evidence item by item to determine whether it is truly sufficient. If there are major contradictions or doubts about the sentencing circumstances, targeted defense can be proposed; if the evidence is conclusive, the focus should shift to mitigating the crime and seeking leniency. Second, strategy combination: A combination of "fact and evidence defense plus circumstance defense" can be adopted. That is, while raising objections to key facts, lenient opinions can be put forward on issues such as voluntary surrender, meritorious service, confession, and compensation and understanding, to avoid adverse consequences caused by a single strategy. Third, procedural rights: Unlawful evidence collection can be legally applied for exclusion, and the qualification of appraisals and evidence can be legally cross-examined. These are all legal defense methods, and will not lead to increased punishment. Fourth, communication and explanation: Lawyers should fully explain the legal consequences of different strategies to clients, allowing clients to make their own decisions and avoiding family members exerting pressure on their behalf. It should be emphasized that no lawyer can promise acquittal or probation results. Rational evaluation and legal defense are the only reliable paths. The relevant defense ideas can be referred to for reference.Criminal defense and criminal case filingService Introduction.

IV. Practical suggestions and legal basis

Action suggestions: First, entrust a lawyer to conduct a systematic evaluation of the evidence to determine whether the dispute concerns the facts or the sentencing; Second, a combined strategy of factual defense and circumstantial defense can be adopted; Third, actively make restitution for the losses and return the illicit gains, strive for understanding and truthfully confess to gain room for leniency; Fourth, apply for the exclusion of illegally obtained evidence and evidence defects or cross-examine them in accordance with the law. For criminal defense cases, you can refer to the following materials for reference:Criminal defense and criminal case filingLegal basis: Article 11 of the Criminal Procedure Law of the People's Republic of China (amended in 2018) regarding the rule that an appeal shall not result in a heavier punishment, and the provisions of the Criminal Law of the People's Republic of China (amended in 2023) concerning surrender, confession, and meritorious service. The specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglu Law Firm's Reminder

Firstly, defending oneself according to the law will not result in additional punishment, so there's no need to worry about that. Secondly, whether or not to take advantage of mitigating circumstances depends on whether the defendant admits guilt and cooperates with the investigation, so a trade-off is necessary. Thirdly, the principle of "no additional punishment for appealing" only applies to cases where the defendant appeals, and the prosecution's right to appeal is not subject to this restriction. Fourthly, strategic decisions should be made after the lawyer's assessment to avoid blindly denying or hastily admitting guilt. For the overall response to criminal cases, relevant advice can be obtained through legal consultation.Criminal defense and criminal case filingThe service is supported, and you can refer to it when handling difficult and complex casesSpecial servicesColumn.

VI. Frequently Asked Questions

Q1: Will I be given a harsher sentence if I plead not guilty?

The defendant will not be subject to a heavier punishment for exercising the right to defense in accordance with the law. The right to defense is a statutory right, and the court shall not impose a heavier punishment on the defendant because he/she makes a plea of not guilty. However, if the defendant completely denies the possibility of influencing the determination of mitigating circumstances such as confessing guilt and accepting the punishment, he/she will lose the corresponding mitigating scope, which belongs to the differences in sentencing circumstances rather than punishment.

Q2: If I don't plead guilty, does that mean I'll definitely not get a lenient sentence?

It's not necessarily the case, but it's more difficult. The application of lenient punishment for confessing guilt and accepting the punishment is based on the premise of making a truthful statement. If the defendant denies the main facts of the crime, it's usually difficult to determine these circumstances. However, circumstances such as voluntary surrender, meritorious service, restitution, and reconciliation can still be pursued in accordance with the law, which requires a comprehensive evaluation based on the specific circumstances of the case and the evidence situation.

Q3: Can I both defend my case based on the facts and seek a lenient sentence at the same time?

Yes. In practice, it is often common to adopt a combination of factual and evidentiary defense with circumstantial defense. While raising objections to key facts, lawyers also put forward lenient opinions on such issues as voluntary surrender, meritorious service, confession, restitution, and understanding. Whether this approach is feasible should be determined by lawyers based on the evidence situation and the stage of the case.

Q4: Will the sentence be increased in the second-instance appeal?

According to the provision of the Criminal Procedure Law that an appeal shall not result in a heavier sentence for the defendant, the people's court of second instance shall not impose a heavier sentence on the defendant when reviewing the case appealed by the defendant; however, if the people's procuratorate lodges an appeal or the private prosecutor lodges an appeal, this restriction shall not apply. Therefore, before appealing, it is necessary to assess whether there is a risk of an appeal being lodged against the defendant.

Q5: When should a plea of not guilty be decided?

It is advisable to make a decision after thoroughly reviewing the case file and evaluating the evidence. This usually involves separate assessments at each stage: during the investigation stage, the focus is on bail and evidence-gathering procedures; during the review and prosecution stage, the focus is on non-prosecution and charges; during the trial stage, the combination of factual defense and circumstantial defense is determined based on the strength of the evidence. It is recommended that lawyers evaluate the case throughout the entire process and respect the client's wishes.

The above Q&A is mainly based on the judicial practice in Beijing. There may be differences in the adjudication opinions in different 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·Beijing Henglue 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. In case of disputes, please consult a practicing lawyer in time.