[Direct answer]In the Beijing area, after pleading guilty and accepting the punishment, defendants can still exercise the right to a defense of innocence according to law, but there is a tension between the two, and it needs to be handled with caution. According to Article 15 of the Criminal Procedure Law of the People's Republic of China (amended on October 26, 2018), if a suspect or defendant voluntarily confesses the truth, admits the facts of the charge, and is willing to accept the punishment, he may be given a lenient treatment according to law; but pleading guilty and accepting the punishment does not deprive him of the right to a defense. The defendant still has the right to raise objections to the determination of the facts and the application of the law. In practice, if the plea of guilty and acceptance of the punishment is based on unclear facts or erroneous legal understanding, defense lawyers can exercise the right to a defense of innocence or a defense of a light punishment in the courtroom, but this may affect the extent of leniency. It is recommended that lawyers evaluate the evidence and the voluntariness of the plea of guilty before deciding on a strategy. For more details, please refer to the following link:Criminal defense and legal services for criminal case filing.

I. Problem Background and Typical Scenarios

After the implementation of the leniency system for plea bargaining, a large number of cases signed plea bargain affidavits at the review and prosecution stage. Typical situations include: the defendant pleaded guilty due to evidence pressure or misunderstanding of the law, only to later discover that the accusations were incorrect; the lawyer believes there is a misclassification of the crime (e.g., the defendant does not constitute the charged crime), but the defendant has already pleaded guilty; and the defendant pleads guilty but the defense attorney has objections to the sentencing circumstances. Many defendants mistakenly believe that once they sign the affidavit, they can no longer plead not guilty, thus giving up reasonable defenses. In fact, the right to defense is not eliminated by plea bargaining. The key lies in distinguishing the object of the plea from the disputable scope. For disputes involving the classification of the crime, the defendant can combine the evidence and legal arguments to challenge the classification of the crime.Special services and other case-related services.

II. Key points of contention

After pleading guilty and accepting the punishment, there are three controversial focuses of the defense. Firstly, the factual basis: whether the defendant's guilty plea is based on truth and voluntariness, whether there is coercive interrogation or major misunderstandings, and whether the facts are indeed incorrect. Secondly, the legal characterization: whether the charges are accurate, whether there is a possibility of misidentifying a felony as a misdemeanor or confusing similar crimes, and even if the characterization is wrong, the defendant can still argue that the charged crime does not constitute a crime. Thirdly, the procedural consequences: whether pleading not guilty will lead to the invalidation of the plea agreement, the loss of leniency, and how the court will handle the contradiction between pleading guilty and defending not guilty. During the trial, the court will make a comprehensive determination, and the defense attorney should focus on the evidence and the characterization rather than simply denying the procedure. For evidence review, reference can be made to the relevant provisions of the Criminal Procedure Law of the People's Republic of China.Personal injury and medical dispute services.

III. Professional analysis by Hengluo Lawyers

Based on practical observations in handling criminal cases, pleading guilty and accepting the punishment and defending oneself against the charge are not mutually exclusive. However, the choice of strategy must be based on an evaluation of the evidence. Hengluo Lawyers typically first review whether the plea of guilty is voluntary, whether the facts are clear, and whether the charge is accurately characterized. If the case indeed involves unclear facts or erroneous characterizations, the lawyer will, subject to the client's wishes, present defense arguments on the facts or characterization during the trial and may argue that the written undertaking was based on a mistaken understanding. If only the sentencing is in dispute, it is more prudent to plead guilty but argue for a light sentence to avoid needlessly losing the opportunity for leniency. In practice, the court will focus on whether the contradictory reasons put forward by the defendant are plausible when considering pleas of guilty and not guilty. The defense arguments must be supported by solid evidence and legal reasoning, rather than emotional recantations. For cases involving property disposal, follow-up actions can be taken accordingly.Creditor-debtor relations and enforcement case services.

IV. Practical suggestions and legal basis

The legal basis is Article 15 (leniency for plea and confession), Article 190 (trial of cases involving plea and confession), and Article 201 (sentencing proposal for cases involving plea and confession) of the Criminal Procedure Law of the People's Republic of China (amended on October 26, 2018); as well as the provisions on the defendant's right to defense and adjustment of sentencing proposals in the "Guiding Opinions on the Application of the Leniency System for Plea and Confession". Practical suggestions: Before signing the plea and confession agreement, the defendant should fully understand the alleged facts and legal consequences, and if he/she has any objections, he/she may refuse to sign it or request to record the objections; defense lawyers should independently evaluate the evidence, and if there are doubts about the facts or qualifications, they should put forward defense opinions in accordance with the law; if they plead not guilty, they should prepare sufficient reasons and evaluate the impact on leniency; and they should honestly face contradictions in the courtroom and avoid retracting their confessions without evidence. For cases involving compulsory measures, they can combine with the provisions of the Criminal Procedure Law and the Guiding Opinions on the Application of the Leniency System for Plea and Confession to handle them in accordance with the law.Criminal defense and criminal case filing services.

5. Henglu Law Firm's Advice

Guilty plea and acceptance of the punishment do not mean giving up the right to defense, but signing it and then changing one's mind requires solid reasons and should be avoided at all costs. The defendant should understand that the guilty plea is directed at the facts. If there are factual errors or disagreements about the legal qualification, they can still defend themselves according to the law; if they only object to the sentencing, it is advisable to pursue a light-sentence defense to preserve the opportunity for leniency. Before signing the plea agreement, it is essential to listen carefully to the charges and consequences, and if necessary, consult a lawyer for verification. Those who are induced to sign the agreement by the promise that they will be released after pleading guilty should remain vigilant. If it is necessary to weigh the pros and cons of the strategy, they can seek help from a lawyer.Special services and other case-related servicesObtain a professional evaluation.

VI. Frequently Asked Questions

Q1: If I have signed a plea agreement and admitted my guilt and accepted the punishment, can I still plead not guilty in my defense?

It's possible, but it requires legal basis. The plea of guilty and acceptance of the punishment do not deprive the defendant of the right to defense. The defendant can still raise objections to the determination of facts or legal qualification. If the case involves unclear facts, insufficient evidence, or erroneous charges, the defense lawyer can make a defense of innocence or legal qualification in the courtroom. However, it should be noted that making a defense of innocence may contradict the content of the written confession. The court will review whether the reasons are valid and may affect the extent of leniency. Whether to adopt this strategy should be carefully decided by the lawyer after evaluating the evidence and the voluntariness of the plea of guilty, rather than simply recanting the confession.

Q2: After pleading guilty and accepting the punishment, if I want to argue that I'm not guilty, what do I need to prepare?

The core preparations include: reviewing the case files and affidavits (clarifying the content of the confession and the facts of the charges) from the prosecution stage; providing evidence and legal grounds to prove that the facts are unclear or the characterization is erroneous; and identifying clues regarding whether the confession was voluntary, whether there were misunderstandings, or whether the evidence was obtained illegally. Based on this, the defense attorney will draft a defense opinion, focusing on demonstrating that the charges cannot be established or that the characterization of the crime is incorrect. If only the sentencing is in dispute, then preparing evidence of mitigating circumstances. The materials should focus on why the content of the confession is untrue or disputable, and avoid making general denials.

Q3: If a defendant pleads guilty and accepts the punishment after the trial, but then mounts a defense claiming innocence, will the attorney's fees be higher?

The attorney's fee depends on the stage of the entrustment, the complexity of the case, and the workload. It is negotiated between the law firm and the client, and the specific amount is subject to the entrustment contract. There is no unified standard for it. In criminal litigation, contingency fees are prohibited. If the client has already signed a plea agreement and wishes to add an innocent defense, it may increase the courtroom confrontation and workload. The fees can be negotiated separately with the law firm or included in the package of stages. It is recommended to clarify the scope of fees and whether it includes subsequent courtroom hearings before entrusting the case, sign a written contract, and remain vigilant against those who increase prices on the grounds of guaranteed victory.

Q4: How long does it usually take to sentence a guilty-plea case, and will pleading not guilty prolong the process?

In cases where the defendant pleads guilty and accepts the punishment, fast-track or summary procedures are often applied, with shorter trial periods: fast-track procedures generally conclude within ten days (which may be extended to fifteen days if the sentence is likely to exceed one year), summary procedures within twenty days (which may be extended to one and a half months if the sentence is likely to exceed three years), and ordinary procedures still follow the corresponding trial periods. Pleading not guilty will increase the adversarial nature of the trial and the burden of proof, which may lead to a more cautious trial or the return of the case for supplementary investigation, resulting in a relatively prolonged period. The specific duration depends on the complexity of the case and the choice of procedure.

Q5: If I have signed a plea agreement but still want to plead not guilty, what should I do specifically?

The first step is to consult a professional criminal lawyer as soon as possible and review the case file comprehensively to assess whether there are factual or legal errors in the case; The second step is to clarify the strategy: if there are factual or legal errors, the defendant can raise a defense of innocence or a defense of legal characterization in court in accordance with the law, and explain the limitations of the written guarantee; if only the sentencing is inappropriate, it is more prudent to adopt a defense of mitigated guilt; The third step is to communicate fully with the lawyer and respect his professional judgment, allowing the lawyer to prepare solid defense opinions and evidence; The fourth step is to honestly face contradictions in court and avoid making unfounded retractions that could undermine credibility. Throughout the process, avoid being easily persuaded by guarantees of victory, and make rational decisions based on evidence and the law.

The above Q&A is mainly based on judicial practices in Beijing. There may be differences in the interpretation of rulings 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·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 a dispute arises, please consult a practicing lawyer in time.