[Direct answer]In the Beijing area, comprehensive evaluations need to be conducted from three aspects: facts, evidence, and legal application, rather than relying solely on the statements of the parties involved. Article 55 of the Criminal Procedure Law of the People's Republic of China (amended in 2018 and implemented on October 26, 2018) stipulates that in all cases, judgments must be based on evidence and investigative research, rather than relying on confessions. If there is only the defendant's confession and no other evidence, the defendant cannot be found guilty and sentenced to punishment. If there is no defendant's confession, but the evidence is true and sufficient, the defendant can be found guilty and sentenced to punishment. Accordingly, if the evidence in the case is insufficient to prove the elements of the crime, there are reasonable doubts that cannot be ruled out, or the act itself does not meet the elements of the crime, constitutes self-defense, emergency avoidance, etc., there is room for a defense of not guilty. The evaluation should also consider whether the constituent elements of the charged crime are complete, whether the sources of evidence are legal, whether there is illegal evidence, and whether there are alternative explanations for the facts. It should be emphasized that whether to choose a defense of not guilty or a defense of mitigated guilt should be weighed comprehensively, and the lawyer should judge based on the evidence of the whole case after reviewing the case file.

1. Problem background and typical scenarios

In criminal cases, the parties involved and their families often tend to strive for acquittal, but whether a defense of acquittal can be carried out requires professional judgment. There are three typical scenarios: First, there are only verbal evidence and a lack of objective corroboration for key facts; Second, the behavior may belong to self-defense, self-help actions, or civil disputes, but was wrongly criminalized; Third, there are problems such as illegal evidence collection procedures and broken evidence chains. In the judicial practice of the Beijing area, the court has a stricter grasp of the standard of sufficient evidence, but acquittal judgments are still a minority, so a rational evaluation is needed.

II. Key points of contention

First, whether all the elements of the crime are present. Second, whether the evidence is sufficiently conclusive and can exclude reasonable doubt. Third, whether there are circumstances of justifiable defense or emergency avoidance that preclude the illegality of the act. Fourth, whether the exclusion of illegal evidence is feasible. Fifth, how to choose between a defense of innocence and a defense of mitigated guilt. The key is to base the defense on a meticulous review of the evidence in the case file, rather than on emotions or wishful thinking.

III. Professional analysis by Henglue Lawyers

Based on the criminal cases handled by Henglue Law Firm, we can use a real case to illustrate the argumentation path of the defense of innocence. The case involved a dispute over intentional injury and self-defense: the client and others were having dinner when they threw bottles at each other and got into a fight, with both parties sustaining injuries. The client was detained on bail and transferred for examination and prosecution on suspicion of intentional injury. After reviewing the case file and conducting investigations, the lawyers of our firm concluded that the client's actions clearly constituted self-defense and there was no criminal fact. Therefore, they focused on four elements of self-defense: cause, urgency, target, and limits. First, the cause of the incident was the other party's continuous provocation and unlawful infringement, which forced the client to counterattack. Second, the infringement had already formed an imminent and ongoing danger. Third, the defense was only directed at the infringer himself and did not extend to other targets. Fourth, the defense did not significantly exceed the necessary limits and cause major damage. Ultimately, the procuratorial organ accepted the lawyers' opinions and made a decision not to prosecute according to law. This case shows that the key to the defense of innocence lies in breaking down the behavior into the elements of the crime and the defense grounds, and matching the evidence one by one. If the argumentation is not established, the lawyers should also adjust their strategies in time and conduct a defense based on mitigating or extenuating circumstances to reduce the client's criminal responsibility.

IV. Practical Suggestions and Legal Basis

Action suggestions: First, lawyers should fully review the case files and check the elements of the crime and the evidence item by item; Second, focus on checking whether the key facts only have verbal evidence and whether there is illegal evidence collection; Third, assess whether it belongs to self-defense, emergency avoidance, or other exculpatory circumstances; Fourth, coordinate the defense of innocence and the defense of mitigated guilt to avoid neglecting one aspect while emphasizing another; Fifth, respect the client's choice and communicate the risks in a timely manner. For cases involving the defense of innocence and non-prosecution, you can refer to the following materials for reference:Criminal defense and criminal case filingFor cases involving the exclusion of evidence and claims for compensation, you may refer to the following provisions:Personal injury and medical disputesLegal basis: Article 55 and Article 177 of the Criminal Procedure Law of the People's Republic of China (amended in 2018 and implemented on October 26, 2018), and Articles 20 and 21 of the Criminal Law of the People's Republic of China (amended in 2020 and implemented on March 1, 2021). The specific application shall be subject to the currently effective laws, regulations, and judicial decisions.

5. Henglu Law Firm's Advice

Firstly, the defense of innocence should be based on the evidence in the case file and cannot rely solely on the statements of the parties involved. Secondly, insufficient evidence and the existence of reasonable doubt are important grounds for acquittal. Thirdly, exculpatory circumstances such as self-defense require a case-by-case demonstration of each element. Fourthly, the defense of innocence and the defense of mitigated guilt should be weighed comprehensively and adjusted dynamically. Those involved in criminal defense of innocence can seek assistance through the following channels:Criminal defense and criminal case filingFor service acquisition, cases involving personal rights and compensation can be combined togetherPersonal injury and medical disputesFor reference, you can refer to the measures taken by enterprises to deal with being involved in legal casesIntellectual Property and Corporate Legal AffairsColumn.

VI. Frequently Asked Questions

Q1: Under what circumstances can we consider pleading not guilty?

When the evidence in the case cannot prove the constitutive elements of the crime, there are reasonable doubts that cannot be ruled out, or the behavior constitutes self-defense or emergency avoidance, there is room for a defense of innocence, and a lawyer's review of the case file is necessary to assess the situation.

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

No. According to the Criminal Procedure Law, if the defendant confesses but there is no other evidence, he/she cannot be found guilty and sentenced to punishment; however, if the evidence is truly sufficient, he/she can be found guilty even without a confession.

Q3: Can one seek not to be prosecuted for acting in self-defense?

Yes. If the act constitutes self-defense, there are no criminal facts, or it does not constitute a crime and the circumstances are minor, the defendant may seek non-prosecution according to law. It is necessary to demonstrate the cause, urgency, target, and limits of the act one by one.

Q4: Will the punishment be harsher if the defense of not guilty fails?

It's not necessarily the case, but a plea of not guilty may affect the sentencing evaluation. Therefore, it's necessary to balance the defense of innocence and the defense of a lesser crime, and the lawyer should adjust the strategy dynamically according to the evidence.

Q5: Can family members determine for themselves whether they are innocent or not?

It's hard to make an accurate judgment. Whether the person is innocent or not depends on the evidence of the entire case and the application of the law. It is recommended that a professional lawyer review the case files and make an assessment. Family members should provide truthful materials to cooperate with the lawyer's work.

This article is written based on the common judicial interpretations in the Beijing area. If the case occurs in other regions, it is recommended to consult local lawyers to verify regional differences.

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 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. In case of disputes, please consult a practicing lawyer in time.