Dynamic | Zhongcheng Qingtai successfully held a roadshow event on "Effective Defense in Guilty Plea Cases" in the Jinan area.
Published:
2024-12-09
On December 4th, Zhongcheng Qingtai Jinan hosted a themed roadshow event titled "Effective Defense in Guilty Plea Cases." Young lawyers gathered to discuss various aspects, including the current development of the guilty plea system, the changing roles of defense lawyers within this system, and real successful cases handled by the criminal department. They exchanged experiences and methods on how to effectively defend in guilty plea cases.
On December 4th, the Zhongcheng Qingtai Jinan Office held a themed roadshow event on "Effective Defense in Guilty Plea Cases," where young lawyers gathered to communicate and exchange experiences on how to effectively defend in guilty plea cases from multiple perspectives, including the current development status of the guilty plea system, the changing roles of defense lawyers in this system, and real successful cases handled by the criminal department.
The lenient handling system for guilty pleas, as a supporting measure proposed at the Fourth Plenary Session of the 18th Central Committee of the Communist Party to promote the reform of the litigation system centered on trial, was officially written into the revised Criminal Procedure Law in 2018 (Article 15: "If the criminal suspect or defendant voluntarily truthfully confesses their crime, admits the criminal facts charged, and is willing to accept punishment, they may be dealt with leniently according to the law."). In recent years, nationwide and within Shandong Province, annual case handling data from prosecutorial agencies show that the application rate of guilty pleas and the acceptance rate of sentencing recommendations in criminal cases are both high. How the guilty plea system profoundly reshapes criminal defense activities, what responsibilities defense lawyers should bear in guilty plea cases, and how current criminal defense service plans should be adaptively adjusted are all worthy of in-depth consideration by criminal lawyers.
Cui Shouxu, a senior partner at Zhongcheng Qingtai Jinan Office, shared his experiences, stating that although the guilty plea system has weakened the adversarial nature of pre-trial defense, shifted the focus of criminal defense work forward, and impacted traditional criminal defense service plans, criminal lawyers still have significant roles to play in guilty plea cases. Criminal lawyers should clearly understand their four major responsibilities in guilty plea cases: review responsibilities, notification responsibilities, procedural participation responsibilities, and service adjustment responsibilities. They should develop targeted defense strategies for cases with disputed or undisputed facts to achieve effective defense results.
During the roadshow event, participating lawyers shared and learned in detail about how to choose targeted defense strategies for different cases. For undisputed criminal cases where the facts are clear, evidence is sufficient, and the applicable law is correct, the focus should be on communicating about coercive measures during the investigation phase and negotiating sentencing during the prosecution phase. For cases with disputes over classification and sentencing, factors such as whether to plead guilty, whether to return stolen goods or compensate, and searching for similar case judgments should be used as leverage to urge both the prosecution and defense to reach a consensus through the uncertainties of the trial.
This roadshow event, combined with real cases, has significant inspirational value for young lawyers engaged in criminal defense work. After the thematic sharing, participating lawyers discussed related issues encountered in actual cases, such as how to avoid the prosecution's appeal in first-instance guilty plea cases during appeals, and the event achieved great success in a lively discussion atmosphere.
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Zhongcheng Qingtai Jinan Region
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