The Lawyer’s Innocence Defense In Cases Where Defendants Plead Guilty And Accept Punishment

Defense counsel plays an important role in guilty plea cases.Ensuring the full participation of defense lawyers is an important part of improving the system of leniency for guilty plea.The defense of defense lawyers not only helps the accused to safeguard their legitimate rights and interests,but also helps to find out the truth of the case and safeguard judicial justice.In a guilty plea case,the defense lawyer’s not guilty defense has special significance.Once the defense lawyer’s innocence opinion is adopted by the court,the final judgment result of the guilty plea case will be directly affected,and the accused will be judged not guilty.Therefore,it is of great significance to study the defense of lawyers in the case of guilty plea.This paper studies the defense of the lawyer in the case of guilty plea,the characteristics of the defense of the case,the relationship between the defense lawyer and the defendant,and the protection and regulation of the defense of the guilty plea.First,clarifying the theoretical legitimacy of the lawyer’s not guilty defense in the guilty plea cases.In view of the difficult problem of whether lawyers can defend not guilty in guilty plea cases,defense lawyers should be allowed to plead not guilty from the theoretical level.Specifically,if the defense lawyer defends not guilty in the trial,as long as the defendant insists on the guilty plea,the public prosecution organ shall not withdraw the confession because the defense of the defense,and may continue to apply the system of leniency for guilty plea.In the case of guilty plea,the lawyer pleaded not guilty not only complies with the legal requirements and the principle of independent defense of lawyers,but also helps to protect the rights and interests of the accused,realize the substance of the trial,and prevent unjust,false and wrong cases.Therefore,it is theoretically legitimate for the lawyer to plead not guilty.Secondly,examining and analyzing the practical dilemma of guilty plea lawyers in judicial practice.Through empirical research and other methods,consult relevant judgment documents,analyze specific cases,investigate practical problems,and summarize practical beneficial practices.The empirical investigation finds that the actual situation of lawyers in China is:the regional distribution of cases is relatively scattered;the charges are mainly common misdemeanor,the defense is mainly in evidence;the defense consequences have three kinds;the defense effect is not rejected by the court.At the same time,there are practical problems in the cases of lawyers in China,such as different differences in judicial practice,inconsistent local norms,different opinions in theory,and poor effect of lawyers’ defense.Thirdly,deeply explorimg the causes of the dilemma of lawyers in the case of guilty plea and punishment,and identifying the deep causes of the dispute in the academic and practical circles.The main reasons for the dilemma of innocence lie in the unclear function positioning of lawyers participating in confession cases,the different level of lawyers,the game between litigation efficiency and judicial justice,and the influence of litigation mode transformation.Finally,the paper proposes the relief path of the dilemma of lawyers in the case of guilty plea.Should be from the legislative clear guilty case lawyer can be innocent,the judicial organs carefully exercise judicial power,improve the accused innocent right relief mechanism of the space,from solid defense foundation,expand the defense path,innovative way,improve the case,and improve the supporting system,fully guarantee the innocent rights and interests of the accused,safeguard social fairness and justice.