Translator：Wang Yichun

The eighth installment of the Criminal Department Salon at Landing Law Offices, focusing on Effective Defense in Guilty Plea Cases, took place as scheduled on the afternoon of December 7, 2022. Zhang’Ou presided over the session.

The leniency regime for guilty pleas, piloted since 2016, has been in operation for several years. Each defender has unique insights into effective defense strategies in such cases. This salon event delved deeply into this topic.

Wang Jun shared his rich experience in handling guilty plea cases. He discussed the evidence as the foundation of guilty pleas, the pursuit of leniency as their purpose, and the assessment of leniency beneficial to the client based on case specifics.

Mei Man offered his practical perspective on effective defense in guilty plea cases. He shared a six-point response plan for defenders in guilty plea cases, with a detailed introduction to case handling techniques, particularly when the client has pleaded guilty, but the attorney believes no crime has been committed.

Pu Guiping presented on "Innocent Defense in Guilty Plea Cases", discussing three scenarios: the defendant pleaded guilty and then recanted; the co-defendant pleaded guilty, but the client did not; the defendant pleaded guilty but disagreed with the attorney's innocent defense.

During the discussion, participants shared their views.

Ding Yanling suggested that a defendant's subjective belief about their guilt doesn't affect the objective and legal determination of their crime.

Wang Yaping advised clients should be cautious when signing a guilty plea as it may have some adverse consequences for them if they regret it later.

Zhou Wenjia noted the limited defense space under guilty pleas, particularly when faced with an unfavorable sentencing recommendation from the prosecutor, a defendant's hasty decision to sign a guilty plea could result in detrimental outcomes and potentially compromise the case's position.

Zhu Yan highlighted occasional instances where detention exceeds sentencing recommendations after a guilty plea, emphasizing the need to help clients analyze the best plan.

According to Zhang Jun, the Procurator-General at the Supreme People’s Procuratorate, who addressed a report at the fifth session of the 13th National People's Congress, in 2021, over 85% of cases nationwide applied the guilty plea regime; sentencing recommendations were adopted in over 97% of cases, with a first-instance conviction rate of 96.5%. This underscores the significant role of the leniency regime for guilty pleas in criminal defense work. Today's salon event provided valuable insights and expanded the range of choices for handling criminal cases.