Pleading not guilty under suspicion of a crime
The meaning of pleading not guilty
Pleading not guilty is not because the lawyer thinks he is innocent, but that he is not necessarily guilty and requires the police to prove his guilt. If the police fail to prove his guilt, the plea is successful and the court needs to release the suspect on the spot.
Is known to be suspected of committing a crime and can still plead not guilty
Even if a suspect informs his lawyer that he is guilty, his lawyer, if he sees that the police do not have enough evidence, can still plead not guilty. Because the suspect's confession may have constituted a de facto charge, but it does not constitute a legal charge.
The difference between factual charge and legal charge
First, he might lie for another person and try to take responsibility.
Second, even if he did, perhaps just another charge is guilty, not the current crime guilty;
Third, even if he did, perhaps only a certain degree of guilt, not full responsibility;
Fourth, even if he did, maybe the police can't prove it.
Knowing that the suspect is guilty, in the absence of evidence, the police can, or even need to plead not guilty, is the duty of lawyers, is a part of ensuring justice.
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Cancellation of contract by buyer on misleading grounds
If all of the following five elements are met, the buyer may unilaterally cancel the contract on misleading grounds and seek compensation from the seller.
1.
When the seller sells the product, he has a claim to the product sold; the claim is a claim to the facts, not a personal opinion; For example, the seller claims that the quality of his property has met a specific sound insulation standard, rather than the fact that he personally believes that the quality of his property has met a specific sound insulation standard.
2.
3.
The claim is untrue; the property, for example, is not designed to meet the claimed sound insulation standards.
4.
5.
The claim is made directly or indirectly by the seller; for example, the claim is told to the buyer directly or indirectly by the developer or agent, rather than by a person who has nothing to do with the seller.
6.
7.
The claim is intended to attract buyers to contracts; the property, for example, is close to noisy places and could allay buyers' concerns if it has a good sound insulation effect.
8.
9.
The buyer did enter the contract because of the claim; for example, the buyer entered the property sales contract considering that the noise problem had been resolved.
10.
If the claim is part of the contract and the seller fails to do so, the buyer may, in accordance with the terms of the contract,
1.
Cancel the contract, o
2.
3.
The contract will not be cancelled, but the seller will be asked for compensation.
4.
If the claim is not part of the contract and the seller fails to do so, the buyer may adopt case law or written law,
00001.
Cancel the contract, o
00002.
00003.
The contract will not be cancelled, but the seller will be asked for compensation.
00004.
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Herald Legal provides legal advice to Chinese in Australia vx: heraldlegal3