Regarding the facts of the crime accused by the procuratorate, this defender believes that the facts of the crime are basically clear, and the defendant pleaded guilty. He did not express his defense opinion on the facts of the crime and voluntarily pleaded guilty. In fact, the so-called plea of innocence does not necessarily mean directly opposing the prosecution's opinion. For example, a lawyer, as an agent, knows that the other party has committed theft, and at the lawyer's suggestion, the parties can voluntarily plead guilty and admit punishment.

1. When the party pleads guilty, can the defense lawyer plead not guilty?

1, yes. Based on facts, evidence and laws, defense lawyers enjoy independent defense rights in accordance with the law, so they can plead not guilty.

2. When one party thinks that he is guilty, but the defense lawyer thinks that there are problems in the application of the law and important evidence, so he is not guilty, he can plead not guilty.

3. In practice, in order to protect the legitimate rights and interests of the parties to the greatest extent, defense lawyers will formulate multiple defense plans according to law, and plead not guilty when convicted, and plead lightly when sentencing.

Two, the constitutive elements of the case of confession and punishment:

1, the elements of confession, that is, the criminal suspect and the defendant voluntarily confess their crimes truthfully, and have no objection to the alleged criminal facts;

2, the elements of punishment, that is, willing to accept punishment;

3. Elements of result, that is, leniency can be dealt with according to law.

Three, in any of the following circumstances, there is no need to sign a confession:

1. The suspect is a mental patient who is blind, deaf, dumb or has not completely lost the ability to recognize or control his own behavior;

2. The legal representative or defender of the juvenile criminal suspect has any objection to the juvenile's confession and punishment;

3. Other circumstances in which it is not necessary to sign a confession and repentance.

Legal basis:

Criminal law of the people's Republic of China

Article 67 (3) A criminal suspect who truthfully confesses his crime may be given a lighter punishment, although he does not have the circumstances of surrender as stipulated in the preceding two paragraphs. In addition, according to the provisions of Article 9 of Several Opinions of the Supreme People's Court, the Supreme People's Procuratorate and the Ministry of Justice on Applying Ordinary Procedures to Trial Cases of Defendants Pleading, the people's court shall, as appropriate, give a lighter punishment to defendants who voluntarily plead guilty. In view of this, the court is requested to give the defendant a lighter punishment according to law.