[Direct answer]In the Beijing area, it is allowed, but differences of opinion on the defense strategy need to be handled in accordance with the law. According to the provisions of the Criminal Procedure Law of the People's Republic of China (amended on October 26, 2018), defense attorneys may independently present defense opinions based on facts and laws, including making a defense of innocence. The law does not require that the defense attorney's opinions must be completely consistent with those of the client. However, the client has the obligation to make truthful statements, and the defense attorney may not assist the client in making false statements or concealing the truth. Therefore, in practice, if there are indeed doubts about the evidence in the case, the lawyer may make a defense of innocence; if the evidence is sufficient and the client simply does not want to admit it due to various concerns, the lawyer should truthfully explain the situation and advise the client to make a defense of mitigated guilt instead. Such differences of opinion should be fully communicated after reviewing the case materials, and if necessary, the defense opinions should be submitted in writing, while retaining the client's opinions to avoid public conflicts in the courtroom that may affect the effectiveness of the defense.

1. Problem background and typical scenarios

Such consultations usually occur in two situations: first, the family believes that the client is innocent and insists that the lawyer should conduct a defense of innocence, but the lawyer, after reviewing the case file, believes that the evidence for conviction is quite sufficient; second, the client, for various reasons, is unwilling to plead guilty and even conceals facts that are unfavorable to himself, and the family hopes that the lawyer will conduct a defense of innocence without knowing the truth.Criminal defense and criminal case filingThe advice in the column suggests that it's more beneficial to communicate differences as early as possible than to deal with them passively during the trial.

II. Key points of dispute

Focus One: The relationship between the obligation to make a truthful statement and the right to defense. Focus Two: The mechanism for handling conflicts of opinion between defense attorneys and clients. Focus Three: The evidentiary basis and reasoning requirements for a not-guilty defense. Focus Four: The impact of concealing facts on bail pending trial and sentencing. Focus Five: Responding to disagreements during trial. Focus Six: The prerequisites for applying the plea bargain system.Special services and other casesThe explanations of procedural matters in the column can be used as a supplementary reference.

III. Professional analysis by Henglue Lawyers

Take a case handled by Attorney Shang Jiangpeng of our firm as an example: The client was criminally detained for posting content on an online platform. The core of the defense was to demonstrate whether the threshold for criminal conviction was met and whether there was a danger to society. The lawyer did not directly deny the act itself, but started with the objective elements, sorted out the facts such as the number of posts, browsing and downloading data, whether there was profit, and the motive, and compared them with the constituting elements of the relevant crimes one by one. Finally, combined with the circumstances of voluntary surrender and pleading guilty and accepting punishment, he applied for bail pending trial, and the case-handling organ accepted the opinion and made a decision on bail pending trial. This approach suggests an important idea: even if the client is unwilling to plead guilty, there are still multiple defense strategies, including non-compliance with the constituting elements, significantly minor circumstances, insufficient evidence, and procedural violations, rather than just two options of pleading guilty and not pleading guilty.Personal injury and medical disputesThe practical ideas on evidence organization in this column are also applicable to criminal cases.

IV. Practical suggestions and legal basis

Action suggestions: 1. As soon as possible, entrust a lawyer to review the case files and understand the evidence in the case; 2. Have the lawyer provide a clear assessment of the strength of the evidence for conviction; 3. If defending non-guilty, list specific points of doubt about the evidence and legal grounds; 4. Truthfully inform the client of the consequences of pleading guilty and accepting the bail pending trial during communication; 5. Avoid concealing facts that may affect sentencing; 6. If the differences cannot be resolved, consider changing defense attorneys. Legal basis: The Criminal Procedure Law of the People's Republic of China (amended on October 26, 2018) regarding the duties of defense attorneys, the obligation to make truthful statements, and the provisions on leniency for pleading guilty and accepting the bail pending trial; the specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglu Law Firm's Advice

Firstly, a lawyer's right to defend is independent, but it does not mean that he can defend without basis, deviating from the facts and the law. Secondly, the obligation of the client to provide a truthful statement is a statutory obligation. Concealing the facts may lead to more unfavorable consequences. Thirdly, whether to plead guilty should be based on a comprehensive evaluation of the evidence and the sentencing consequences, rather than emotions. Fourthly, a defense of innocence must point out specific doubts about the evidence, otherwise it will be difficult to gain support. Fifthly, there are applicable conditions for pleading guilty and accepting the punishment. The prerequisite are that the defendant must plead guilty and provide a truthful statement voluntarily. Sixthly, if there are still differences after communication, it is necessary to rationally evaluate the need to change the defense attorney or adjust the direction of the defense. For matters related to procedural connection, please refer to other sources for further information.Special services and other casesColumn.

VI. Frequently Asked Questions

Q1: If the client pleads not guilty, can the lawyer still help them?

Yes. Defense attorneys have the right to present defense opinions based on the facts of the case and legal provisions, including making arguments for a lighter sentence, arguing for a mitigated punishment, and, when there is evidence to support it, arguing for acquittal. The law does not require that the defense attorney's opinions must be consistent with those of the client. It should be emphasized that the defense should be based on facts and evidence and must not violate the facts and the law. Therefore, if the client conceals information, the lawyer should truthfully explain it and require the client to make a truthful statement, rather than simply pandering to the client's wishes.

Q2: If the client requests a not-guilty defense, but the lawyer believes the client is guilty, what should the lawyer do?

The lawyer shall communicate with the client in accordance with the law and explain the reasons. The lawyer needs to truthfully explain to the client the situation of the evidence in the case, the favorable and unfavorable circumstances, the possible sentencing consequences, and the conditions for leniency in pleading guilty and accepting the punishment, so that the client can understand the advantages and disadvantages of different choices. If the client still insists on not pleading guilty, the lawyer can make a defense of not guilty without violating the facts, while retaining the explanation of the sentencing. If the disagreement cannot be resolved, the lawyer may consider changing the defense attorney or adjusting the direction of the defense, but this should be completed before the proceeding of the trial to avoid open conflicts in the courtroom.

Q3: Is there any hope for a not-guilty defense? How can we determine this?

To determine whether there is hope for acquittal, the focus should be on three aspects: first, whether the objective elements are satisfied, such as whether the act meets the statutory standards of quantity, amount, or circumstances; second, whether the chain of evidence is complete and whether the key links can form a closed loop; third, whether there are procedural violations or evidence that should be excluded. If there are obvious loopholes in all three aspects, the defense of acquittal has a substantive basis; if it's just that the defendant subjectively believes he or she is innocent, but the chain of evidence is complete, the likelihood of the defense of acquittal being supported is relatively low. A professional evaluation should be made after a thorough review of the case file.

Q4: If the client conceals the truth, can a lawyer help him cover it up?

No. The Criminal Procedure Law stipulates that criminal suspects and defendants shall truthfully confess their crimes, and defense attorneys shall not assist them in concealing or fabricating facts. If the client conceals important facts, the lawyer shall point out the legal consequences of doing so, including the possibility of affecting the application for bail pending trial, influencing the determination of mitigating circumstances, and even being evaluated as having a poor attitude towards admitting guilt and showing remorse in the future. The correct approach is to explain the consequences of concealment and not admitting guilt clearly, and let the client make a choice after weighing the pros and cons by himself/herself.

Q5: Will pleading not guilty affect bail pending trial?

It's possible. The core consideration of bail pending trial is social danger, and pleading not guilty usually indicates that the defendant denies the nature of their actions. The investigating organ may consider their repentance insufficient. Especially in cases involving large amounts of money and serious circumstances, pleading not guilty often affects the application for bail pending trial. At the same time, pleading not guilty also makes the possibility of lenient sentencing based on plea bargaining almost non-existent, and the sentencing will usually be assessed in a more severe direction. Therefore, whether to plead guilty needs to be comprehensively weighed, balancing the social harmfulness against the possible sentencing consequences.

The above answer is based on the judicial practice in the Beijing area. The judicial interpretations in other provinces and cities may vary. For specific cases, please refer to the local rules and evidence situation.

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

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