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辩护人在大量的刑事案件中不再仅仅论证控方指控的罪名不成立,而是以所指控罪名更轻的罪名进行辩护,即罪名从轻辩护。然而,罪名从轻辩护虽然取得了良好的实践效果,却饱受理论界的争议。在我国法院可以径行改变指控罪名的现行司法体制下,罪名从轻辩护有其自身的合法性与合理性,同时也最大限度地维护了被告人的合法权益。
In a large number of criminal cases, the defenders no longer merely claim that the charges charged by the prosecution were not substantiated but defended on charges of lighter charges. However, although the accusation of guilty conscience has achieved good practical results, it has been contested by theorists. Under the current judicial system that the courts of our country can change charges on charges, the guilty conscientious objection has its own legitimacy and rationality, and at the same time it also protects the defendant’s legal rights to the maximum extent.