[Direct answer]In the Beijing area, the defense of innocence and the defense of a light sentence are not an either-or oppositional relationship, but should be flexibly combined based on the evidence and the circumstances of the case. According to Article 37 of the Criminal Procedure Law of the People's Republic of China, the defense attorney shall, based on the facts and the law, present materials and opinions that the criminal suspect or the defendant is innocent, has a light sentence, or has his criminal responsibility mitigated or exempted. If the evidence has fundamental flaws or the act does not constitute a crime at all, the defense attorney should firmly argue for the innocence of the defendant; if the act constitutes a crime but there are statutory mitigating circumstances, the defense attorney may simultaneously argue for a light sentence. It is recommended to entrust a lawyer as soon as possible to review the case file comprehensively, evaluate the weak links in the evidence chain, and then determine the 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

When facing criminal charges, defendants often struggle with the dilemma of "whether to plead guilty or to argue not guilty". Typical scenarios include: insufficient evidence but hastily pleading guilty out of fear; unclear boundaries of behavior, falling between not guilty and a misdemeanor; and the existence of partial exonerating circumstances (such as unclear facts of a certain case) but the overall act constitutes a crime, requiring a split defense. Choosing the wrong strategy may directly lead to unfavorable sentencing. For cases involving the intersection of civil and criminal law, it is advisable to combine the two approaches.Business and contract dispute services for enterprisesDistinguish the boundaries between civil breach of contract and criminal offenses.

II. Key points of dispute

There are three focal points of the dispute. Firstly, the sufficiency of evidence: whether the alleged facts meet the conviction standard of "clear case facts and sufficient evidence", and whether there are any breaks in the chain of evidence or illegal evidence collection. Secondly, the controversy over the nature of the crime: whether the act constitutes this crime or that crime, and whether it constitutes a crime, which directly affects the direction of the defense. Thirdly, the scope of sentencing: even if the act constitutes a crime, whether there are mitigating circumstances such as voluntary surrender, meritorious service, accomplice, and compensation for losses. In practice, the defense strategy is often to pursue both "innocence and light punishment" rather than a simple choice between the two. For disputes involving the causality of personal injury, 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 servicesClarify the facts.

III. Professional analysis by Henglue Lawyers

Based on practical observations in handling criminal cases, the choice of defense strategies is based on "thorough review of the case file and accurate characterization of the case". Henglue Lawyers usually first review all case files to identify weak links in the prosecution evidence, such as missing physical evidence, contradictions in testimonial evidence, flaws in appraisal opinions, and illegal evidence-gathering procedures, in order to determine whether there is room for acquittal. At the same time, they sort out the statutory mitigating circumstances and form a combination scheme of "defending acquittal as the main approach and defending a lighter sentence as a fallback" or "defending acquittal of some facts and a lighter sentence for the overall case". In practice, simply defending acquittal while ignoring sentencing circumstances, or blindly pleading guilty and giving up the fight over the nature of the crime, may harm the interests of the client. Professional evaluation is indispensable. For more details on criminal procedures, please refer to the following link:Criminal defense and criminal case filing legal services.

IV. Practical suggestions and legal basis

The legal basis is Article 37 (Defense Duties of Defense Attorneys), Article 55 (Standards for Sufficient Evidence), and Article 200 (Circumstances of Acquittal) of the Criminal Procedure Law of the People's Republic of China (amended on October 26, 2018); and the lenient provisions on voluntary surrender, meritorious service, accomplices, and restitution in the Criminal Law of the People's Republic of China. Practical suggestions: Hire a lawyer to review the case file as soon as possible after detention or filing of a case; distinguish between two categories of circumstances: "fundamentally innocent" and "guilty but deserving leniency"; vigorously plead for leniency for the established parts of the evidence while firmly pleading not guilty for the insufficient parts; and avoid hastily confessing guilt to please the case handler. For cases involving property disposal, it is recommended to combine the following factors:Creditor-debtor relations and enforcement case servicesCoordinate and plan everything in an organized and efficient way to ensure that all tasks are completed on schedule and with high quality.

5. Henglu Law Firm's Reminder

When choosing between acquittal and a lighter sentence, the key lies in evidence rather than emotions. The first step is to review all the evidence comprehensively and identify the weak points in the chain of accusations; the second step is to distinguish between "the facts are fundamentally unfounded" and "the charges are substantiated but can be mitigated", and design defense arguments accordingly; the third step is to present the defense in a structured manner during the trial, addressing both the debate over the nature of the crime and the arguments on sentencing. It is crucial not to trust the promise of "guaranteeing acquittal" blindly. Professional lawyers will objectively inform clients of the risks and possibilities. If you need to evaluate the strategy for a specific case, you can seek assistance from relevant professionals.Special services and other case servicesThe defense plan is formulated by a professional team.

VI. Frequently Asked Questions

Q1: Can a plea of not guilty and a plea of mitigating circumstances be raised at the same time?

This is possible and common. The right to defense includes presenting arguments of innocence, mitigating the crime, or exempting from criminal responsibility, which are not mutually exclusive. When some factual evidence is insufficient and some facts are established but with mitigating circumstances, lawyers often adopt a combined defense strategy of "innocence plus mitigating circumstances": They firmly argue for innocence on the weak evidence, and actively claim mitigating circumstances such as voluntary surrender, accomplice, and restitution on the established parts. This not only safeguards the qualitative bottom line but also strives for the best sentencing. It is more reliable than a single strategy, and the key lies in supporting it with evidence rather than emotional expression.

Q2: How can I determine whether there's a possibility of a not-guilty defense in my case?

The key point is whether the evidence in the accusation can form a complete, legal chain that excludes reasonable doubt. It can be investigated from three aspects: first, the eligibility of the evidence. Whether the sources of physical evidence and documentary evidence are legal, and whether the verbal evidence involves coercive interrogation or inducement; second, the sufficiency of the evidence. Whether there are only isolated pieces of evidence for key facts, and whether there are contradictions; third, the determination of the nature of the act. Whether the act really does not meet the constitutive elements. It is recommended to entrust a lawyer to review all the case files and issue an evaluation, rather than making judgments based on intuition. If there are fundamental flaws in the evidence, there is a greater chance of acquittal; if the facts are clear but there are only disputes over sentencing, the defense should focus on arguing for a lighter sentence.

Q3: When hiring a lawyer for criminal defense, how are the fees typically calculated?

Criminal defense fees are usually charged on a per-stage basis (investigation, review of prosecution, first instance, second instance) or as a package deal. The specific fees are negotiated between the law firm and the client and written into the power of attorney contract. There is no nationwide standard pricing for criminal litigation. Criminal litigation is prohibited by law from using contingency fees. It is recommended to require the law firm to provide a detailed fee breakdown before entrusting them, clarifying the fees for each stage and whether they include travel expenses. For cases with insufficient evidence and a high possibility of acquittal, the investment in professional defense often relates to personal freedom and has significant value. However, unrealistic promises of "guaranteed victory" should be rejected, and the fees should be based on the contract and professional assessments.

Q4: How long does it usually take from the moment a criminal defense attorney is hired to the time the case is concluded?

The process is as follows: During the investigation stage, the detention period is generally up to 37 days (including the review of the arrest warrant), after which the investigation may last for several months; the review and prosecution usually takes one and a half months, and the case may be returned for supplementary investigation; the first-instance ordinary procedure takes six months, and the summary procedure takes three months. For defense of innocence, it often requires more thorough review of the case file and evidence presentation, so the process may take longer. Lawyers will advance and provide feedback at each stage, but they cannot shorten the statutory time limits for review. It is recommended to hire a lawyer immediately after filing a case or being detained, so as to participate in the review of the case file and bail application as soon as possible and avoid missing the critical defense window in the early stage.

Q5: If a family member is arrested, what should I do first?

Here is the translation of the four steps suggested by the author: 1. As soon as possible, hire a professional criminal lawyer to exercise the right to meet with the client and review the case file, and understand the suspected charges and evidence. 2. The lawyer meets with the client to verify the case facts and preliminarily assess whether there is room for acquittal or mitigating circumstances. 3. After comprehensive evaluation, determine the defense strategy—whether to plead not guilty, argue for a reduced sentence, or adopt a combination of defense strategies—and formalize the legal opinion in writing. 4. Cooperate with the lawyer to collect evidence for acquittal or a reduced sentence (such as alibi proof and proof of legal source), and never destroy or falsify evidence. Throughout the process, protect rights through legal channels to avoid taking blind actions that may lead to additional risks.

The above content is based on the judicial practice in the Beijing area. The facts of individual cases and the jurisdiction of the court may affect the conclusions. Welcome to consult Henglu Law Firm for specific cases.

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 you encounter disputes, please consult a practicing lawyer in time.