[Direct answer]In the Beijing area, the key to a defense of innocence lies not in the defendant proving his own innocence, but in the fact that the evidence of the accusation fails to meet the statutory standard of proof. According to Article 55 of the Criminal Procedure Law of the People's Republic of China, the judgment of all cases shall be based on evidence and investigation and research, and the confession shall not be easily believed; if there is only the defendant's confession but no other evidence, the defendant cannot be found guilty; if the evidence is insufficient and the defendant cannot be found guilty, a judgment of acquittal shall be made on the grounds of insufficient evidence and the accusation of the crime cannot be established. In practice, common paths of a defense of innocence include: the accusation facts lack objective evidence to support them; there are flaws in the authenticity and legality of key evidence, which should be excluded according to law; the behavior does not meet the elements of the crime or there are lawful preclusion grounds such as self-defense and force majeure. Defense lawyers promote the process by reviewing the case files, applying for the collection of evidence, applying for witnesses to appear in court, and excluding illegal evidence.

I. Problem background and typical scenarios

The parties involved or their families often ask: Can I be convicted without direct evidence? Can I be sentenced solely on the basis of confessions? What can I use to prove my innocence? Typical scenarios include: the case mainly relies on the confessions of co-defendants or the statements of victims, with a lack of objective evidence to corroborate them; obtaining guilty confessions through torture or coercion during the investigation stage; unclear sources of key physical evidence or documentary evidence, or flaws in the appraisal process; and when the parties involved actually participated but claimed self-defense or lacked subjective knowledge of the crime. When handling criminal cases in the Beijing area, the courts are increasingly stringent in their review of evidence.

II. Key points of contention

First, who should provide evidence to prove the defendant's guilt or innocence, and how should the burden of proof be allocated? Second, can a conviction be based solely on a confession without other evidence, and how should the corroboration rule be applied? Third, what is the scope and procedure of excluding illegal evidence, and how to apply for and provide evidence? Fourth, can indirect evidence form a complete chain of evidence? Fifth, what are the standards for determining the constitutive elements such as self-defense and subjective knowledge? Sixth, does a defense of innocence affect the application of lenient punishment for plea bargaining? These issues determine the direction of the defense in the case.

III. Professional analysis by Henglue Law Firm

Based on Henglu Lawyer's practical experience in handling criminal cases, the defense of innocence usually proceeds along three paths. The first is insufficient evidence: when the evidence in the entire case fails to meet the standards of being authentic, sufficient, and free from reasonable doubt, especially when there are only verbal evidences and lack of objective evidences to corroborate them, the defense lawyer should advocate the principle of "innocent until proven guilty". The second is the exclusion of illegal evidence: for the confessions collected through illegal methods such as torture and coercion, as well as physical evidences and documentary evidences that violate legal procedures and may seriously affect judicial fairness, the defense lawyer can apply for their exclusion according to the relevant provisions of the Criminal Procedure Law, and can provide evidence by means of interview verification, retrieving interrogation audio and video, and requesting the investigators to appear in court. The third is legal evaluation: when the behavior does not meet the constituting elements of the crime, or there are circumstances such as self-defense, emergency avoidance, or being under the age of criminal responsibility. In practice, the most common pitfall is to focus on the client's self-defense and ignore the dissection of the prosecution's evidence chain; an effective approach is to cooperate with the lawyer to sort out objective evidences, fix favorable circumstances, and put forward systematic cross-examination opinions in the pre-trial conference and the trial. For the whole process of criminal defense, you can refer to the relevant materials.Criminal defense and criminal case filingColumn.

IV. Practical suggestions and legal basis

Action list: First, truthfully present the case to the lawyer, including the circumstances unfavorable to oneself, so as to facilitate the lawyer's judgment of the defense space; Second, cooperate with the lawyer in obtaining objective evidence, such as surveillance videos, communication records, fund flows, and witness clues; Third, pay attention to the process of obtaining the statement. If there is illegal evidence collection, promptly preserve the clues and apply for exclusion; Fourth, prepare evidence materials to explain the circumstances such as self-defense and subjective ignorance; Fifth, rationally evaluate the advantages and disadvantages of the defense of not guilty and the plea of guilty and acceptance of punishment. For the overall criminal defense plan, you can refer to it for reference.Criminal defense and criminal case filing; It involves the collection of evidence and the integration of electronic dataIntellectual property protection and corporate lawColumn. Legal basis: Articles 55, 56, and 61 of the Criminal Procedure Law of the People's Republic of China (amended in 2018). The specific application shall be subject to the currently effective laws and regulations and judicial rulings.

5. Henglu Law Firm's Reminder

Firstly, the aim of a defense of innocence is to undermine the prosecution's evidence system, rather than for the defendant to prove his or her innocence. Secondly, if there are only confessions and no other evidence, the defendant cannot be found guilty according to the law. Thirdly, it is necessary to raise the issue of excluding illegal evidence as early as possible, and the clues and reasons should be as specific as possible. Fourthly, a defense of innocence and a plea of guilty and acceptance of punishment are not absolutely opposed to each other. Lawyers should weigh the situation of the case and make a decision accordingly. If you are facing similar problems, you can seek help throughCriminal defense and criminal case filingWe provide a comprehensive solution for services, which can be integrated with the criminal and compliance issues involving corporate personnelBusiness and contract disputes in enterprises板块。

VI. Frequently Asked Questions

Q1: Can a conviction be made solely on the basis of a confession, without any other evidence?

No. According to Article 55 of the Criminal Procedure Law of the People's Republic of China, if there is only the defendant's confession but no other evidence, the defendant cannot be found guilty and punished; if there is no defendant's confession but other evidence is authentic and sufficient, the defendant can be found guilty. This rule requires that the confession must be corroborated by other evidence. Defense lawyers can use this rule to review whether the evidence in the entire case meets the standard of authenticity and sufficiency.

Q2: Is it always the case that if there's insufficient evidence, the defendant will necessarily be acquitted?

If there is insufficient evidence in the trial stage and the defendant cannot be found guilty, a verdict of not guilty due to insufficient evidence and unsubstantiated charges shall be rendered. However, in the investigation and review and prosecution stages, insufficient evidence may lead to refusal to approve arrest, non-prosecution, or supplementary investigation. The handling methods in different stages are different, and opinions should be put forward in time according to the circumstances of the case. When necessary, through defense, strive for the most favorable result for the client.

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

Defence lawyers may file exclusion applications at the stages of investigation, review of prosecution, and trial, and provide clues or materials such as the personnel, time, place, method, and content involved in the alleged illegal evidence collection. Confessions obtained through illegal methods such as torture should be excluded; and evidence collected in violation of legal procedures that may seriously affect judicial fairness should also be excluded if it cannot be corrected or explained. Evidence can be provided by retrieving interrogation audio and video recordings, and requesting the investigators to appear in court, etc.

Q4: Will a plea of not guilty affect the imposition of a lighter punishment?

Not necessarily. The lenient treatment for pleading guilty and accepting punishment is based on the premise of voluntary pleading guilty. If the party insists on his/her innocence, the system is usually not applicable. However, the defense of innocence and the defense of mitigated guilt can be combined in stages, and lawyers can adjust their strategies according to the changes in evidence. Whether to plead guilty and when to plead guilty should be decided after fully evaluating the evidence and legal risks. It is not advisable to plead guilty hastily when the facts are unclear in order to seek lenient treatment.

Q5: What evidence do the parties involved need to collect themselves?

The focus should be on providing objective evidence and clues, such as surveillance footage, call and chat records, bank transaction records, contract certificates, travel records, and materials that can prove the defendant's absence or lack of subjective knowledge at the time of the crime. The parties involved and their families are not allowed to fabricate evidence, collude in giving false testimony, or interfere with witnesses' testimony, otherwise they may commit new crimes. The specific methods of evidence collection should be guided by lawyers, and if necessary, the parties may apply to the case-handling organ for the collection of evidence.

The above content is based on the judicial practices in the Beijing area. The facts of individual cases and the jurisdiction of the court may affect the conclusions. Welcome to consult Henglu Law Firm for 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, 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 effective 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. If you encounter disputes, please consult a practicing lawyer in time.