Throughout the entire litigation process in criminal cases, parties are informed that “if you plead guilty and accept punishment, you may receive lenient treatment.”
However, some parties still choose not to sign the Affidavit of Pleading Guilty and Accepting Punishment during the procuratorial stage. When the case reaches the court stage, they ask me, “Attorney Shao, can I refuse to plead guilty at trial?”
I fully understand this mindset. The vast majority of parties are deeply reluctant to “plead guilty.” From their perspective, pleading guilty means completely admitting wrongdoing and bearing the corresponding legal consequences. Many have not even fully accepted the reality that “they might be sentenced,” and subconsciously hope to find a way to “escape unscathed.” They worry that once they plead guilty, they will lose all opportunity for reversal.
But the reality is that in most cases, if a party is not to be held criminally liable, the matter usually concludes during the public security investigation stage or the procuratorial stage. This is what is known as “Chinese-style acquittal.” Once a case enters the court stage, the possibility of securing an acquittal becomes extremely low. We can see this from relevant data:
Therefore, given that the current acquittal rate is only 0.03%, when a party asks, “Can I refuse to plead guilty?” as a responsible attorney, I must consider one step further: if my client refuses to plead guilty in court,is there still a possibility of being sentenced to a suspended sentence?？
Many parties hesitate because they hope to secure leniency by “not pleading guilty.” However, the reality is that refusing to plead guilty will likely result in a custodial sentence. Thus, whether to plead guilty becomes a critical decision requiring careful weighing of pros and cons—because every choice directly impacts the final sentencing outcome.
Based on this, this article will discuss two core questions:
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What are the possible consequences if the defendant refuses to plead guilty and accept punishment?
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If the defendant chooses to plead guilty,from what angles can attorneys conduct defense efforts to seek a lighter sentence for the client?
I. Author: Attorney Shao Shiwei
1、If the Defendant Refuses to Plead Guilty in Court, Can the Court Impose a Suspended Sentence?
Let us first examine several cases:
1. He’s Case of Falsely Issuing Invoices
At the time He issued the invoices, no actual business transactions had occurred between him and a certain engineering section of a railway bureau. He did not actually supply materials in quantities corresponding to each purchase and sales contract. The transaction amounts, types of business, and transaction times listed in the invoices were fabricated. Furthermore, after receiving the “payment for goods” transferred by the railway bureau’s engineering section, He deducted approximately 9% for taxes and handling fees as previously agreed, and transferred the remaining funds back to a bank account provided by Liang. Thus, the act of falsely issuing invoices was completed. The first-instance court sentenced He to one year and six months of fixed-term imprisonment, with a two-year suspended sentence. Subsequently, He appealed[i].
The second-instance judge actually believed that the first-instance court’s application of a suspended sentence to the defendant Hewas inappropriate,but because the principle of “no increased penalty on appeal” must be followed, the second-instance court could not directly revoke the suspended sentence. Therefore, the suspended sentence for He was retained, and the final second-instance ruling upheld the original judgment.
2. Duan’s Case of Intentional Injury
Since 2011, the family of the defendant Duan and the family of their neighbor, Liu Jia, had repeatedly disputed over access routes. On a certain day, the two parties argued again over trivial matters. The defendant Duan and Liu Jia exchanged insults and engaged in a physical altercation. During the scuffle, the defendant Duan forcefully bent Liu Jia’s left hand with his right hand, causing a fracture of the fifth metacarpal bone of Liu Jia’s left hand[ii].
The defendant Duan objected to both the charged offense and the alleged facts. The court held that because Duanactively compensatedthe victim for all economic losses and obtained the victim’s forgiveness, Duan was ultimately sentenced to six months of fixed-term imprisonment, with a one-year suspended sentence.
3. Zhang’s Case of Extortion
The defendant Zhang, under the pretext that the Xinlian Gravel Plant occupied the pond at Xishantou in Zhangshuchong belonging to Zhang Huahua and herself, used issues such as land rights confirmation, land reclamation, and environmental protection as excuses. By means of malicious reporting and repeatedly harassing calls to leaders at municipal and township levels, Zhang forced the Xinlian Gravel Plant to pay her money. Zhang did not plead guilty[iii].
The court held that Zhang committed the crime of extortion and sentenced her to three years of fixed-term imprisonment, with a three-year suspended sentence. Additionally, according to the attorney handling the case, “Defendant Zhang experienced a roller-coaster-like journey of criminal detention, arrest, release on bail pending trial, rearrest, and another release on bail pending trial.”
Analysis:
The above cases are among the very few precedents found through extensive searches of the China Judgements Online database regarding “defendants who refused to plead guilty but still received suspended sentences.” Apart from these, there may be a small number of other cases, but the quantity is very limited.
From these cases, it can be seen thateach case has its own particularities.：
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In He’s case: The second-instance court did not change the sentence to immediate imprisonment because it adhered to the principle of “no increased penalty on appeal.”
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In Duan’s case: Although the defendant did not plead guilty, he fully compensated the victim’s losses and obtained forgiveness.
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In Zhang’s case: After experiencing multiple detentions and releases on bail, the case itself involved significant controversy.
Meanwhile, these cases share another commonality: none were joint crime cases. In joint crime cases, as long as one defendant pleads guilty, it provides strong support for the court’s finding of guilt, thereby significantly reducing the likelihood that other co-defendants who refuse to plead guilty will receive suspended sentences.
Do not be misled by “survivorship bias.”
For cases that have already entered the court stage, it is highly dangerous to conclude that “if I refuse to plead guilty in court, I might still receive a suspended sentence or even an acquittal” based solely on a very small number of individual cases. The reality is that in most cases, refusing to plead guilty will not change the court’s final guilty verdict. At the same time, the party will lose statutory mitigating circumstances and will be unable to enjoy the sentencing benefits brought by the system of leniency for pleading guilty and accepting punishment.
Some may wonder: If I have already pleaded guilty and accepted punishment, is the outcome predetermined? Can attorneys still help me seek a lighter sentence?
2、How Will Attorneys Conduct Defense Work If the Defendant Pleads Guilty?
In fact, even if a party chooses to plead guilty, the attorney’s defense work remains crucial. Pleading guilty is merely one step in criminal proceedings and does not mean that the final judgment is entirely predetermined. Attorneys can still achieve “refined defense” through the selection of defense strategies, striving to secure the greatest possible leniency or reduction in punishment for the client.
1. Pleading Guilty Does Not Mean Accepting All Allegations
Many parties mistakenly believe that if they plead guilty, they must admit to all facts and amounts alleged by the procuratorate. However, this is not the case.
In economic crime cases, the amount involved is often a key factor in sentencing. For example, in cases ofillegal business operations,、selling commodities with counterfeit registered trademarks,and similar offenses, we must examine whether the amounts alleged by the procuratorate are accurate: Have the amounts been overstated? Are the calculation bases reasonable and lawful?
In cases involving cryptocurrencies, the situation is more complex. For instance, the procuratorate may convert USDT into RMB to allege the amount involved. However, in the actual judicial disposal of virtual currencies, there is a certain degree of capital loss. If the loss ratio exceeds 30%, or even higher, we have reason to suspect the possibility of benefit transfer.
Therefore, even when pleading guilty, reasonable doubts about specific allegations can be raised through professional analysis by attorneys, thereby avoiding blanket acceptance of potentially inflated or inaccurate amounts involved. This lays the foundation for seeking lenient sentencing.
2. Determination of Principal and Accessory Offender Status
Injoint crime cases,a key point of attorney defense is the determination of the client’s status as a principal or accessory offender.
Especially when multiple defendants jointly commit the acts involved in the case without clear agreements on hierarchy or job titles, the determination of principal versus accessory status will directly impact sentencing.
For cases involving amounts ranging from hundreds of thousands to millions, the determination of accessory status may directly decide whether the defendant receives a custodial sentence or a suspended sentence.
In cases such as fraud, where the maximum penalty can be life imprisonment, the determination of principal versus accessory status may even determine whether the defendant is sentenced to life imprisonment or ten years of fixed-term imprisonment.
Thus, the determination of principal and accessory offenders has a tremendous impact on sentencing. Professional analysis and defense strategies by attorneys at this stage can often significantly influence the final outcome of the case.
3. Attorneys Have the Right to Exercise Independent Defense
In fact, the law grants attorneys the right to independent defense. Independent defense means that the defender conducts defense based on their own understanding of the facts and evidence and their interpretation of the law, without interference from state organs, social organizations, or individuals.
Especially in cases with significant controversy, even if the defendant personally pleads guilty and accepts punishment, the attorney can still exercise the right to independent defense and adopt a “fence-sitting defense” strategy: conducting a defense for acquittal on one hand, while seeking leniency in sentencing on the other.
Taking as an example cases where the perpetual contract module of an exchange is suspected of constituting the crime of opening a casino, defense attorneys can simultaneously pursue both an acquittal defense and a sentencing defense. In this context, the purpose of the acquittal defense is to mitigate the judge’s perception of the client’s subjective malice.
First, whether perpetual contracts constitute gambling is, under current judicial practice, a controversial issue worthy of discussion, even for judges. It is not yet a deterministic conclusion. Since controversy exists, it cannot be assumed that parties engaging in such activities (such as employees of virtual currency exchanges or exchange agents) possess strong subjective malice, nor can they be convicted and sentenced by referencing traditional cases of opening a casino.
Second, attorneys must also conduct sentencing defense. For example, is the amount involved alleged by the prosecution against exchange agents (i.e., commissions received from lower-level platform users) reasonable? Are there issues of double counting (where users repeatedly bet, add positions, and close positions on the platform, causing funds to circulate multiple times)? Are balances deposited into accounts but not used for gambling incorrectly included? Have “transaction volumes,” “deposit balances,” and “withdrawal amounts” been excluded from the gambling funds? These defense points are directly related to the client’s actual conviction and sentencing.
Through this approach, even if the client pleads guilty, the court can gain a more objective and comprehensive understanding of their subjective malice and the appropriate sentencing range, thereby striving for the most favorable outcome.
4. Issues Such as Mischaracterization of Offenses and Procedural Violations
In addition to the sentencing factors mentioned above, even if the client pleads guilty, ensuring procedural legality and accurately characterizing the offense (distinguishing between this crime and that crime) remain crucial.
Core issues that attorneys need to focus on during defense include:
Illegal evidence collection or evidentiary defects: If illegal evidence collection exists, or if certain evidence unfavorable to the client contains defects, efforts should be made to persuade the court to exclude such evidence;
Case characterization: Whether the case is accurately characterized will directly impact sentencing. For example, in telecom network fraud cases, considering the client’s role, should the charge be fraud or aiding information network criminal activities? In virtual currency theft cases, should the charge be theft or illegally obtaining computer information system data?
Although these issues may appear technical, they have a huge impact on final conviction and sentencing. Through meticulous review and defense, attorneys can effectively reduce the legal risks faced by clients and create conditions for seeking suspended sentences or lighter judgments.
3、Concluding Remarks
For parties in criminal cases, every decision must be made with extreme caution. Therefore, as defense attorneys, we must work closely with our clients, ensuring smooth communication and consistent granularity of information, so that we can jointly fight this battle effectively.
Every decision should be guided by backward reasoning from the ultimate consideration of final conviction and sentencing, to determine the defense strategies that should be adopted, with the aim of securing the most favorable judgment.
[i] [(2023) Gui 71 Xing Zhong No. 2] (Falsely Issuing Invoices: Can a Suspended Sentence Be Applied When the Perpetrator “Refuses to Plead Guilty” (China Court Annual Cases 2025) https://mp.weixin.qq.com/s/c92yXJu0TQEY5pyru_4W5Q)
[ii] [(2013) Cha Fa Xing Chu Zi No. 192]
[iii] [(2024) Xiang 0181 Xing Chu No. 895] [Defendant in Extortion Case Did Not Plead Guilty, Court Imposed Suspended Sentence. https://mp.weixin.qq.com/s/5VV69qI1AI6BprlZSHUFUg]
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