[Direct answer]In the Beijing area, pleading not guilty does not necessarily lead to a heavier sentence, but it may affect the scope of application of mitigating circumstances. According to Article 15 of the Criminal Procedure Law of the People's Republic of China, if the suspect or defendant voluntarily makes a truthful statement, admits the facts of the charge, and is willing to accept the punishment, he may be given a lenient treatment according to law; if he insists on pleading not guilty and is ultimately convicted, he may miss the opportunity to obtain a lenient sentencing through plea bargaining. At the same time, the right to defense is protected by the Criminal Procedure Law of the People's Republic of China, and choosing to plead not guilty is the right of the parties. The court shall not impose a heavier punishment solely because the defendant pleads not guilty. It is recommended to evaluate the "not guilty with a reserved option for a heavier sentence" strategy based on the strength of the evidence. For more details, please refer to the following link:Criminal defense and criminal case filing services.

1. Problem background and typical scenarios

An innocent defense is often used in cases with significant disputes over the facts, weak evidence, or questionable characterizations. Typical scenarios include: the defendant insisting that they did not commit the alleged act; gaps in the prosecution's evidence chain or conflicting testimonial evidence; and disputes over the characterization of the case (such as fraud versus civil fraud, or theft versus misappropriation). Many clients worry that "pleading guilty means giving up the opportunity for a light sentence," but the real issue should be whether the evidence supports an innocent defense. The correct strategy is often to maintain an innocent defense while preparing for a sentencing defense as a backup. For cases involving corporate crimes, it may be appropriate to combine this with other legal strategies.Special services and other casesComprehensive judgment.

II. Key points of contention

The focus of the controversy lies in three aspects. Firstly, rights protection: The defense of innocence is a statutory form of defense, and the court cannot impose heavier penalties on the defendant simply because they defend themselves as innocent. This is the basic boundary of the right to defense. Secondly, mitigating punishment: If the defendant is ultimately convicted, they may lose the benefits of lenient or reduced sentencing due to not pleading guilty or confessing truthfully, which may also conflict with the circumstances of voluntary surrender and confession. Thirdly, strategic balance: When the evidence is weak, the defense strategy can be "innocence-oriented with sentencing prepared"; when the evidence is more substantial, greater attention should be paid to pleading guilty and making restitution. In the judicial practice of Beijing, the review of the connection between defense strategies and sentencing circumstances has become increasingly meticulous, and lawyers need to plan in advance. For cases involving corporate governance, it is advisable to combine them with other relevant legal provisions.Business and contract dispute services for enterprisesEvaluation.

III. Professional analysis by Hengluo Law Firm

Based on our practical experience in handling criminal cases, the key to the impact of a not-guilty defense on sentencing lies in "whether the defendant truthfully confessed or admitted guilt and accepted the punishment". When accepting a case, Henglu Law Firm will first conduct a not-guilty possibility assessment of all the evidence in the case: if the accusatory evidence has fundamental flaws (such as an unqualified subject, unconstituted acts, or illegally excluded evidence), we will vigorously pursue a not-guilty defense; if the conviction evidence is relatively solid, we will simultaneously prepare for sentencing defense, striving for mitigating circumstances such as voluntary surrender, confession, accomplice, and restitution, to avoid "winning the argument but losing the sentence". This layered strategy can maximally protect the interests of the client, rather than mechanically choosing one over the other. For property-related crimes, we can combine it with other defense strategies to achieve better results.Creditor-debtor relations and enforcement case servicesEvaluate the impact of asset recovery.

IV. Practical suggestions and legal basis

The core basis is Article 15 (leniency for pleading guilty and accepting punishment) and Article 37 (the defense attorney shall, based on the facts and the law, present materials and opinions that the criminal suspect or defendant is not guilty, guilty of a minor crime, or should have his criminal responsibility mitigated or exempted) of the Criminal Procedure Law of the People's Republic of China (amended on October 26, 2018); as well as Article 67 (surrendering oneself) and Article 68 (meritorious service) of the Criminal Law of the People's Republic of China (amended on December 26, 2020). Practical suggestions: fully communicate with the lawyer about the strength of the evidence and clarify the main direction of the defense; if the defendant pleads guilty but has objections to the nature of the crime, he can strive for sentencing concessions while defending the nature of the crime; pay attention to discretionary mitigating circumstances such as restitution and understanding; and never give up legitimate circumstances that can reduce the term of imprisonment for the sake of "apparent innocence". For cases involving corporate governance, relevant factors can be taken into account.Business and contract dispute services for enterprisesEvaluation.

5. Henglu Law Firm's Advice

The right to a defense of innocence is a right, not a burden, but it must be coordinated with the interests of sentencing. It is recommended that the client truthfully state the facts when communicating with the lawyer, so that the lawyer can judge whether the evidence supports the claim of innocence. If the probability of conviction is high, the client should simultaneously lock in mitigating circumstances such as voluntary surrender, plea of guilty and acceptance of punishment, and restitution, to prevent the situation of "losing out on both ends". Do not believe in the misleading statement that "stubbornly insisting on one's innocence will inevitably lead to a light sentence", nor should you hastily plead guilty out of fear. If you need a professional assessment, you can contact us for help.Beijing Henglu Law FirmDevelop a tiered defense strategy.

VI. Frequently Asked Questions

Q1: If I plead not guilty and end up being convicted, will the sentence be harsher?

It will not be aggravated solely because of the defense of innocence. The right to defense is guaranteed by the Criminal Procedure Law, and the court shall not use the defense of innocence itself as a reason for aggravating the punishment. However, if the defendant is ultimately convicted, he may lose the corresponding mitigating benefits due to not choosing to plead guilty and accept the punishment, or not making a truthful statement, thus receiving a "relatively heavier" sentence. In other words, the aggravation comes from missing the mitigating circumstances, rather than the form of defense. Lawyers will evaluate the evidence and adopt a strategy of focusing on proving innocence and preparing for sentencing to balance the risks.

Q2: If I want to plead not guilty, what do I need to prepare or provide to the lawyer?

The core elements include: the charging documents and the list of evidence; materials that can prove that the accused did not commit the act or did not have subjective intent; clues to the legality of the evidence (such as torture and illegal evidence collection); alibis, witnesses, and objective records; and relevant contracts and chat records related to the disputes over the nature of the case. The materials should be organized around the "unclear facts, insufficient evidence, or misclassification of the nature of the crime". It is recommended to truthfully present the case to the lawyer, so that he can judge the possibility of acquittal and the sentencing options.

Q3: How much does it generally cost to hire a lawyer to conduct a defense of innocence?

Criminal defense fees are typically calculated according to different stages (investigation, review and prosecution, first instance, second instance), and can also be packaged as a full-service package. The specific fees are negotiated between the law firm and the client and recorded in the contract, with no nationwide standard pricing. Innocence defense cases are more expensive than simple guilty plea and sentencing cases due to the different workload and burden of proof. It is recommended to request a detailed fee breakdown, clarifying the fees for each stage and whether they include third-party expenses such as travel and appraisal costs. This should be weighed against the complexity of the case.

Q4: How long does it usually take from deciding to plead not guilty to obtaining the result of the first-instance trial?

The combined duration of the investigation and detention period, the review of the prosecution, and the first-instance ordinary procedure often takes several months to more than a year; the first-instance ordinary procedure generally issues a verdict within two months and no later than three months, and the possibility of sentencing to death or accompanying civil litigation may be extended. The second-instance procedure is generally concluded within two months. If the case is repeatedly returned for investigation due to insufficient evidence, the cycle will be even longer. It is recommended to entrust a lawyer to review the case files and provide evidence as soon as possible to avoid the time limit being wasted, and at the same time, prepare for sentencing defense to control risks.

Q5: I want to defend the client's innocence. What should I do first?

It is recommended to proceed in four steps: First, entrust a lawyer who is good at criminal defense as soon as possible to guarantee the right to meet with the client and review the case file; Second, provide the lawyer with a complete and truthful statement of the facts, and provide clues such as being not at the scene, having no intentionality, or having evidence flaws; Third, evaluate the strength of the evidence of innocence with the lawyer and determine the strategy of "focusing on proving innocence and preparing for sentencing"; Fourth, if the probability of conviction is high, prepare mitigating circumstances such as pleading guilty and accepting punishment, making restitution, and surrendering voluntarily at the same time. Keep the communication records throughout the process to avoid making self-statements that may affect the case.

The above answer is based on the judicial practice in Beijing. 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 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 Hengluo 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.