[Direct answer]It is an objective reality that the proportion of acquittals and successful defense of innocence in criminal cases is very low among all cases. The success of defense of innocence usually relies on three paths: statutory non-prosecution, non-prosecution due to reasonable doubt, and acquittal due to insufficient evidence. According to Article 55 of the Criminal Procedure Law, only when the evidence is true and sufficient can guilt be determined. If the standard of proof is not met, acquittal should be granted. However, in most cases, after the evidence is screened during the investigation, the cases with real possibilities of acquittal are concentrated in those where the constitutive elements are not established, the evidence in the case is contradictory, or the threshold for criminalization is not reached. Whether to conduct a defense of innocence should be accurately evaluated by lawyers after reviewing the case files, rather than decided based on intuition. Beijing Henglu Law FirmCriminal defense teamProvide marking and evaluation services. For more details, please refer to the following link:Beijing Henglue Law Firm.

I. Legal basis and interpretation of provisions

1. Article 55 of the Criminal Procedure Law of the People's Republic of China (amended on October 26, 2018)

The sentencing of all cases must be based on evidence and investigation, and confessions should not be easily accepted. If there are only the defendant's confessions but no other evidence, the defendant cannot be found guilty and punished. To ensure that the evidence is true and sufficient, three conditions must be met: the facts used to convict and sentence the defendant must be supported by evidence, the evidence used to determine the case must be verified through legal procedures, and the evidence of the whole case must exclude reasonable doubt about the identified facts. This is the most core point of the defense of innocence: reviewing whether the evidence chain is complete and whether reasonable doubt is excluded item by item based on the standard of proof.

2. Articles 16 and 175 of the Criminal Procedure Law of the People's Republic of China (amended on October 26, 2018)

Article XVI stipulates that in cases where the circumstances are significantly minor and the harm is not great, it shall not be considered a crime, and criminal responsibility shall not be pursued. Where criminal prosecution has already been initiated, the case shall be withdrawn or not prosecuted. Article 175 stipulates that in cases of second supplementary investigation, if the people's procuratorate still considers the evidence insufficient and does not meet the conditions for prosecution, it shall make a decision not to prosecute. The review and prosecution stage is the most cost-effective window for defense of innocence: non-prosecution means that the case ends here, and the defendant will no longer bear the pressure of trial, with more room for defense than in the trial stage.

3. Practical judicial interpretation (the practical boundaries of the defense of innocence)

Public statistics show that the proportion of acquittals in courts across the country is extremely low, and most "acquittal results" are actually achieved through non-prosecution during the review and prosecution stage. The general practice is: first, review the constitutive elements. If the threshold of amount or quantity is not reached, or the subjective knowledge is lacking, acquittal or defense of significantly minor circumstances can be considered; second, review the evidence. If the testimonial evidence is inconsistent and objective evidence is lacking, non-prosecution with a reasonable doubt can be sought; third, if the defendant claims acquittal solely based on a "good attitude" or a "misunderstanding", it is usually difficult to gain support. The direction of defense should be determined by the evidence situation after reviewing the case file, to avoid making vague acquittal claims without evidence support.

II. Henglue Law Firm's Real Cases (Detailed Review)

Review of the case:In May 2026, C* was criminally detained by the Haidian Branch of the Beijing Municipal Public Security Bureau on suspicion of disseminating obscene materials for reposting and publishing three obscene video files on a forum. The files were viewed approximately 5,000 times and downloaded about 1,000 times, without any profit-making involved. The family entrusted the Beijing Henglu Law Firm to handle the case.Shang JiangpengA lawyer. After the meeting with the lawyer, the first thing the lawyer assessed was whether the defendant committed a crime. According to the judicial interpretation, in order to be convicted and punished for non-profit dissemination of obscene videos, the number of videos must be more than 40. However, in this case, there were only three videos.

The focus of the controversy:First, whether the number of reposts reaches the statutory threshold for criminal prosecution; second, how to evaluate the circumstances of voluntary surrender and confession of guilt and acceptance of punishment; third, whether it is necessary to continue detention.

Our position and that of the other party are as follows:The family members hope to secure their release from custody as soon as possible; the investigative organ took compulsory measures against them on suspicion of disseminating obscene materials, focusing on the number of videos, the number of views and downloads, and the social impact of the videos.

Attorney's Strategy and Legal Opinions:Attorney Shang Jiangpeng submitted the "Legal Opinion on Bail Pending Trial" to Haidian Branch of the Public Security Bureau. In the first argument, he claimed that the defendant should not be identified as a criminal according to law: the number of videos is far below the threshold of 40 for criminal prosecution, and the viewing and downloading numbers cannot replace the quantitative elements. Even if the defendant is identified as a criminal, the circumstances are obviously minor. Subsequently, he argued that the defendant's truthful confession after being summoned to the court constitutes a voluntary surrender, and his admission of guilt and acceptance of the punishment can be given lenient treatment. Then, he excluded the social danger item by item, citing the policy of sparing arrest, prosecution, and detention, and argued that there is no necessity for continued detention.

The court's reasoning and the outcome of the case:On June 24, 2026, the Haidian Branch determined that C * might be sentenced to fixed-term imprisonment or a heavier punishment, but the bail would not pose a danger to society. According to Article 67 Paragraph 1 Item 2 of the Criminal Procedure Law, the branch decided to grant bail pending trial. The lesson from this case is that the premise of a defense of innocence is a thorough review of the constitutive elements and evidence. First, we need to clarify the threshold for criminal conviction and the standard of proof, and then decide on the direction of the defense. Only in this way can we lay a solid foundation for the success of the defense.

This case is handled by Beijing Henglu Law Firm.Shang Jiang PengAttorney (practice license number: 111012023105807, subject to the document issued by the judicial administrative organ) acting as an agent.

III. Frequently Asked Questions

Q1: What kind of cases are suitable for a not-guilty defense?

There is relatively more room for defense in three types of cases: First, the constitutive elements are not established, such as the amount not reaching the threshold for criminal prosecution, the lack of subjective knowledge, and the act not having the core characteristics of the crime; Second, the evidence in the case does not meet the standard of being truly sufficient, with verbal evidence being repeated and lacking objective evidence to corroborate it; Third, there are statutory circumstances of non-prosecution, such as the case involving negligible harm. Whether to conduct a defense of innocence should be decided by the lawyer after reviewing the case files, conducting interviews, and evaluating the evidence. Making a claim of innocence based on the client's feelings or the family's emotions carries high risks.

Q2: If the defense of not guilty fails, will the sentence be harsher?

The defendant enjoys the right to defense according to law. Making a defense of innocence itself is not an aggravating circumstance, and the court will not impose a heavier sentence on the defendant just because the defense claims innocence. However, two points need to be noted: first, choosing to defend oneself as innocent in a case of guilty plea and sentencing reduction may affect the established sentencing reduction for guilty plea and sentencing concessions may fail; second, when the direction of defense and the evidence situation are obviously in conflict, the persuasive effect is limited. The professional approach is to proceed with the main defense direction in parallel with the alternative solutions, and the lawyer will make a judgment after weighing the pros and cons, rather than stubbornly sticking to it at all costs.

Q3: How to choose between a not-guilty defense and a mitigating defense?

It depends on the evaluation results of the evidence and the constituting elements. If there are substantial gaps in the evidence chain or the constituting elements are not convincing, the priority should be to defend the client's innocence or argue that the circumstances are significantly minor, and strive for statutory non-prosecution or non-prosecution based on reasonable doubt. If the evidence is indeed sufficient but there are disputes only about the circumstances and the amount, it is more practical to defend the client on the basis of a light crime, and strive for mitigating circumstances such as being an accomplice, surrendering voluntarily, admitting guilt and accepting punishment, making restitution, and reaching a settlement with the victim. The two can also be converted in stages: first conduct an evaluation of the innocence at the review and prosecution stage, and then adjust according to the evidence after entering the trial stage. Families should let lawyers give a written evaluation before deciding on the direction of defense.

Q4: Can the defendant still plead not guilty even if he/she admits guilt and accepts the punishment?

It's possible, but it requires caution. A defense attorney defends the client independently according to the law. Even if the defendant admits guilt and accepts the punishment, the defense attorney can still put forward the opinion of not guilty. In practice, there are precedents that courts make independent judgments based on evidence. However, we need to evaluate the potential cost: the leniency obtained by the defendant after signing the plea agreement may be re-examined due to the conflict between the defense's claim of not guilty and the sentencing proposal. Usually, the defendant, the defense attorney, and the family should communicate fully and agree on a unified strategy to avoid procedural repetition and conflicts of interest.

Q5: How can we increase the success rate of pleading not guilty?

The key lies in four steps: reviewing the case files as early as possible, comprehensively copying the case files, and checking the evidence chain and constituting elements item by item; identifying the standard, finding loopholes around the evidentiary standard of Article 55 of the Criminal Procedure Law and the threshold for conviction in judicial interpretations; choosing the right procedure, as the application for non-prosecution in the review and prosecution stage is often more feasible than acquittal in court; and conducting solid cross-examination, applying for the exclusion of key verbal evidence, requesting witnesses to appear in court, or requesting a new appraisal. With the right direction, every step has a basis to rely on.

IV. Suggestions for Protecting Your Rights

  • After receiving the commission, the first thing to do is to apply for reviewing the case file. First, conduct a written evaluation of the elements of the crime and the standards of proof, and then determine the direction of the defense.
  • During the review and prosecution stage, actively submit legal opinions on non-prosecution, as this stage offers the greatest opportunity to secure an acquittal.
  • Output: Sort out the evidence of the thresholds for criminal responsibility, such as quantity, amount, and subjective knowledge, and check them one by one against the judicial interpretations.
  • Before changing the direction of defense in a case where the defendant admits guilt and accepts the punishment, the defendant should fully evaluate the consequences of leniency with the lawyer before making a decision.
  • Do not make unfounded claims of innocence, so as to avoid undermining the judicial authorities' trust in reasonable defense arguments.

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·Attorney Shang Jiangpeng·Beijing Henglu Law Firm