[Direct answer]In the Beijing area, after the defendant pleads guilty and accepts the punishment, the defense attorney can still independently express opinions on the determination of facts, the admissibility of evidence, and the application of law, including raising a defense of innocence. According to Article 37 of the Criminal Procedure Law of the People's Republic of China (amended on October 26, 2018), the defense attorney shall present materials and opinions on innocence or a lighter sentence based on the facts and the law; Article 15 establishes the principle of leniency for pleading guilty and accepting the punishment; Article 201 stipulates that in cases where the defendant pleads guilty and accepts the punishment, the people's court shall generally adopt the charge of the crime and the sentencing proposal, except for the circumstances that the defendant's behavior does not constitute a crime, the defendant pleads guilty and accepts the punishment against his/her will, or the defendant denies the facts of the charge. It is recommended to determine the direction of defense after reviewing the case files, meeting with the defendant, and verifying the evidence.

1. Problem background and typical scenarios

Since the plea bargaining system was written into the Criminal Procedure Law in 2018, the proportion of its application has continued to rise. Many defendants sign plea bargain affidavits at the investigation or review and prosecution stages. In practice, there are three common dilemmas: First, if the defendant has already signed a plea bargain agreement, is it "untrustworthy" for the lawyer to insist on a defense of innocence? Second, if the defendant admits guilt but his family believes the facts are wrong, which side should the lawyer take? Third, after the lawyer puts forward a defense of innocence, the case-handling organ withdraws the sentencing proposal and sets the scope of leniency to zero on the grounds that the defendant has changed his mind. In similar cases in Beijing, some clients are also worried that "once they admit guilt, they can't change their minds", so they are unwilling to give truthful statements. The root of these concerns is that the incentive of leniency for plea bargaining is confused with the lawyer's statutory duties. For related procedural issues, please refer to the following document:Criminal defense and criminal case filing servicesThe processing approach of the project.

II. Key points of dispute

The controversy focuses on three aspects. Firstly, the independence of defense attorneys: According to Article 31 of the Law of the People's Republic of China on Lawyers (amended on September 1, 2017), defense attorneys shall, based on the facts and the law, put forward opinions on the defendant's innocence, light guilt, or mitigation or exemption from criminal responsibility. This duty shall not be waived because the defendant pleads guilty. Defense attorneys are not the "mouthpieces" of the defendants. Secondly, the legal effects of pleading guilty and accepting the punishment: Pleading guilty and accepting the punishment in exchange for a simplified procedure and lenient sentencing does not mean waiving the right to defense and appeal. The defendant can still raise objections to individual facts of the charges in the trial. Thirdly, the court's adjudicative boundaries: According to Article 201 of the Criminal Procedure Law, the court shall generally adopt the charges and sentencing proposals, except for the circumstances that the act does not constitute a crime, the defendant pleads guilty against his will, denies the facts of the charges, or the charges and the charges determined in the trial do not coincide with each other. This leaves room for the defense of innocence.

III. Professional analysis by Henglue Law Firm

Based on the practical observations of Henglue Lawyers in handling criminal cases, the defense space in cases of plea bargaining is usually not in the "attitude", but in the evidence and characterization. There are three common patterns: First, the defendant pleads guilty to charges that he/she is not entirely clear about in order to obtain bail or seek leniency as soon as possible, but later finds that there are contradictions in key evidence after signing the plea agreement; Second, in a joint crime, the parties' statements about the degree of their roles and the amount of money involved in the case are inconsistent, and the content of the plea bargain may be used to aggravate the responsibility of one party; Third, the characterization of the case itself is questionable, such as the difficulty of proving subjective knowledge in property-related crimes, and the overly broad interpretation of the amount of money involved. The general approach of Henglue Lawyers in handling such cases is: First, read the case file thoroughly and meet with the client multiple times to check whether the charges and the evidence in the case match each other; Second, evaluate whether there is insufficient evidence, erroneous characterization, or procedural violations; For those with real doubts, timely submit written opinions to the case-handling authorities; At the same time, fully communicate with the defendant and his/her family about the defense plan and possible consequences to avoid adjusting the strategy rashly when the facts are not clear. If the case involves corporate business activities, it is also necessary to combine it withBusiness and contract dispute resolution services for enterprisesClarify the business background to prevent civil disputes from being misinterpreted as criminal offenses.

IV. Practical suggestions and legal basis

Action List: 1. Before signing the Confession and Plea Agreement, it is essential for the defense attorney or duty lawyer to review the case file and explain the charges and evidence. Do not sign the document if you do not understand any part of it. 2. If you have signed the agreement but do not agree with some of the facts, you can express your reservations in writing to avoid being simply regarded as retracting your confession. 3. If new evidence or changes in the facts emerge during the trial, promptly raise them with the court through your defense attorney. 4. If you are dissatisfied with the verdict, in accordance with Article 230 of the Criminal Procedure Law, the appeal period for a verdict is ten days, starting from the second day after receiving the verdict. Pleading guilty and accepting the plea agreement does not affect your right to appeal. 5. If you have objections to the disposition of the involved assets, you can raise them simultaneously. The main legal basis for this includes Article 15 (leniency for pleading guilty and accepting the plea agreement), Article 37 (responsibilities of defense attorneys), Article 174 (signing the Confession and Plea Agreement), Article 201 (court rulings on cases involving plea agreements), and Article 230 (appeal period) of the Criminal Procedure Law of the People's Republic of China (amended on October 26, 2018), as well as Article 31 of the Lawyer Law of the People's Republic of China (amended on September 1, 2017). Additionally, the Interpretation of the Supreme People's Court on the Application of the Criminal Procedure Law of the People's Republic of China (effective since March 1, 2021) regarding the trial of cases involving plea agreements should be applied in conjunction with these provisions. For assets that have been seized or detained in the case, the relevant procedures can be initiated immediately.Creditor-debtor relations and enforcement case servicesEvaluate the disposal path and it can also be done throughBeijing Henglue Law FirmYou can visit the official website to learn about the defense work at each stage of the litigation process.

5. Henglu Law Firm's Advice

Confessing guilt and accepting the punishment is not "confessing to the end" nor "once you confess, you can't defend yourself". It should be noted that the sentencing proposal in the written undertaking is binding on the defendant. If there are no legitimate reasons for changing one's mind, the case-handling organ may withdraw the lenient proposal, and the court may no longer sentence according to the original proposal. Therefore, adjusting the defense strategy must be supported by facts and evidence, and cannot be based solely on emotions. The defense attorney's statement of not guilty does not necessarily conflict with the defendant's confession in court, but insufficient communication may easily lead to a passive situation in the courtroom. It is recommended to reach an agreement on the direction of defense with the lawyer before the trial. If the defendant is in custody, the family should hire a lawyer to meet and verify the case as soon as possible to avoid missing the communication window in the review and prosecution stage. For cases that may involve miscarriages of justice, it can also be done throughSpecial services and other case servicesEvaluate the appeal and retrial pathways.

VI. Frequently Asked Questions

Q1: The defendant has already pleaded guilty and accepted the punishment. Does it still make sense for the lawyer to conduct a defense of innocence?

It's meaningful, but it depends on whether there are substantial doubts about the case. The plea bargain addresses the application of procedures and lenient sentencing, without changing the defense attorney's duty to present opinions based on facts and laws. If the evidence in the case is insufficient to prove the allegations, the characterization is obviously wrong, or there are circumstances such as illegal evidence collection, according to Article 201 of the Criminal Procedure Law, the court shall generally adopt the sentencing proposal in cases of plea bargain, except for the circumstances that the defendant's behavior does not constitute a crime, confesses guilt against his/her will, or denies the allegations. Therefore, the defense attorney still has room to put forward a defense of innocence. If the evidence is indeed sufficient and the characterization is correct, the focus of the defense should shift to mitigating the crime, sentencing, and disposal of the involved property, rather than forcing confrontation.

Q2: What evidence or materials do I need to prepare for a defense of innocence?

The key lies in breaking the chain of accusations, and preparations can be made around four categories: Firstly, evidence proving absence from the scene, lack of time to commit the crime, or lack of capacity for action, such as surveillance footage, driving records, and attendance and travel records; Secondly, evidence denying subjective knowledge or illegal possession of the purpose, such as contract texts, chat records, and financial transaction records; Thirdly, counter-evidence for the determination of amounts and circumstances, such as appraisal opinions, accounts, audit materials, and bank transaction records; Fourthly, procedural materials, such as synchronized audio and video recordings of interrogations, meeting records, and summons and detention procedures. Defense lawyers can fix the above-mentioned materials by reviewing the case file, applying for the retrieval of evidence, applying for the exclusion of illegal evidence, and applying for the appearance of witnesses in court, and, if necessary, applying for a re-appraisal.

Q3: How much does it cost to hire a lawyer for a case involving a guilty plea and acceptance of the punishment?

There is no unified national standard for attorney fees. They are usually charged on a per-stage basis, with separate fees for investigation, review and prosecution, and first-instance trials. The specific amount can also be determined through negotiation based on the overall case. The specific amount is specified in the written power of attorney contract by the law firm and the client according to the charge, complexity, and workload. According to the "Measures for the Administration of Attorney Service Fees" (effective from December 1, 2006), risk-based representation is prohibited in criminal litigation cases. Any agreement under the name of "paying after acquittal" is not in compliance with regulations. If the client meets the requirements, a lawyer can be appointed by a legal aid agency or provided assistance by a duty lawyer, without having to bear the fees themselves. If a social lawyer is hired to provide full-time defense, the fees should be paid according to the contract and a formal receipt should be requested.

Q4: How long does it typically take from hiring a lawyer to obtaining a resolution for the case?

It depends on the stage of the case. According to Article 172 of the Criminal Procedure Law, the People's Procuratorate shall generally make a decision on the cases transferred for prosecution within one month, and the time limit may be extended by 15 days for major and complex cases; for cases applying the fast-track trial procedure where the defendant admits guilt and accepts the punishment, the decision shall generally be made within 10 days, and the time limit may be extended to 15 days for cases where the defendant may be sentenced to fixed-term imprisonment of more than one year. According to Article 208, the first-instance public prosecution cases shall generally be sentenced within two months after acceptance, and the latest time limit shall not exceed three months. The time limit may be extended according to law under certain statutory circumstances. In addition to the investigation and detention, possible supplementary investigations, and appeal procedures, the overall cycle often takes several months to more than a year.

Q5: What should family members do specifically now?

It is recommended to proceed in the following order: First, confirm the defendant's litigation stage and detention facility, and promptly hire a lawyer to meet with them to verify whether their guilty plea and acceptance of the punishment are voluntary and whether they truly understand the facts of the charges; Second, have the lawyer fully review the case file, compare the facts of the charges with the evidence in the case one by one, and determine whether there is insufficient evidence, misidentification of the facts, or procedural violations; Third, jointly with the lawyer, determine the direction of the defense, whether to argue for a lighter sentence or to present a defense of innocence regarding the disputed facts, and reach an agreement before the trial; Fourth, if there are objections to the sentencing recommendations and the disposition of the involved assets, promptly submit written opinions to the case-handling authorities; Fifth, retain the meeting, communication, and payment receipts throughout the process, and obtain information on the progress through formal channels.

The above Q&A is mainly based on judicial practices in Beijing. There may be differences in the adjudication standards in different 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 relevant 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 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. In the event of a dispute, please consult a practicing lawyer in a timely manner.