In almost any criminal offence, the criminal defense lawyer entrusted by him will submit the corresponding defense statement to the court, stating his own views from the aspects of evidence and on-site inspection, and helping the criminal suspect to defend lightly or even innocence. The following model essay on the defense of intentional homicide is for reference only. Honorable presiding judge and judge of the defense: Henan Huarong Law Firm accepted the assignment of Zhengzhou Legal Aid Center and appointed us as the first-instance defender of the defendant Zhou Moumou's suspected intentional homicide case. According to the ascertained facts and relevant laws and regulations, the following defense opinions are put forward: Before making defense opinions, please allow us to express our deep condolences to the victims and express our great sympathy and condolences to their relatives. The defender has no objection to the crime of intentional homicide accused by the public prosecution agency, and thinks that the nature of the accusation by the public prosecution agency is accurate and the applicable law is correct. However, according to the relevant provisions of the Lawyers Law and the Criminal Procedure Law, the defender's duty is to protect the legitimate rights and interests of the defendant according to facts and laws, and to prove that the defendant is innocent, the crime is light, and the punishment is mitigated and exempted. In this case, the defendant has the following special circumstances, which should attract the attention of the collegial panel and be fully considered when convicted and sentenced. 1. The defendant committed this crime with passion, which has both subjective and indirect aspects. 1. The defendant committed a crime with passion. The defendant and the victim began to live together in 2002 and lived together for six years before the incident. During this period, the two sides seem to be loving couples, and there has never been any contradiction. On the night of the crime, the victim insisted on going out after receiving a phone call from Chen. After the defendant learned that it was the victim's boyfriend Chen Mou, he didn't want him to go out, but the victim said that he would go out, but the victim Kang not only didn't listen to the defendant, but also said, "I want to go out, either let me go out or strangle me." The victim's inappropriate way of speaking stimulated the defendant and led the defendant to take excessive actions. 2. When the defendant committed the murder, the subjective intention was indirect intention. Judging from the defendant's confession in the public security organ, the defendant has the idea that if she dies, I will not live. Afterwards, the defendant took a lot of sleeping pills himself and wanted to end his life. Subjectively, the defendant did not actively pursue the criminal purpose of the victim's death, but took a laissez-faire attitude towards the victim's death result. Therefore, the defender believes that the defendant subjectively belongs to indirect intention. The defendant's crime belongs to passionate homicide, which has subjective intention and indirect intention. Please ask the collegial panel to treat the defendants with premeditated and subjective intentional homicide differently and give them a lighter punishment when sentencing. In this case, the victim is at fault. The victim and the defendant * * * have lived together for more than six years and have a good relationship. With the consent of their families, they are ready to get married. At this time, the victim had emotional contact with Chen, which led to the occurrence of the case. The victim's fault is the direct fuse that leads to the occurrence of the case, and the victim has certain faults in the occurrence of the case. The Supreme People's Court pointed out in the Summary of the Symposium of National Courts on Maintaining Rural Stability: "For intentional homicide cases caused by the intensification of civil conflicts such as marriage and family disputes, the application of the death penalty must be cautious and should be distinguished from other intentional homicide cases that seriously endanger social order. If the victim has obvious faults or is directly responsible for the intensification of contradictions, or the defendant has statutory circumstances, the death penalty should generally not be sentenced to immediate execution. " Although the defendant and the victim in this case are not husband and wife, because they have lived together for six or seven years, there is no essential difference in the contradiction between marriage and family, and there is no essential difference in other issues such as emotion, economy and social communication except that they have not gone through the marriage registration formalities. Therefore, I hope that the court can consider the circumstances when sentencing and give the defendant a lighter punishment. 3. The defendant has a good attitude of pleading guilty. The defendant Zhou Moumou has a particularly good attitude towards repentance and is willing to plead guilty in court. After Zhou Moumou killed Kang Moumou, he wanted to commit suicide, but he did not die due to unexpected reasons, which fully reflected the subjective malignancy and positive repentance attitude of the defendant Zhou Moumou. At the same time, after the incident, the defendant Zhou Moumou sent a text message to his brother asking for surrender after a strong ideological struggle, but failed to surrender and was arrested by the public security organs. After his arrest, he conducted several investigations. The transcript truthfully and completely confessed his criminal behavior, without any concealment. The public prosecutor's public prosecution opinion is also recognized. Therefore, I hope that the court will fully consider the circumstances and give a lighter punishment as appropriate. The defendant has never been punished by any law before and has always performed well. He is a first-time offender and an occasional offender. According to the investigation report of the public security organ and the arrest of the defendant Zhou Moumou, it is proved that the defendant Zhou Moumou has no criminal record, no criminal record, no participation in any cult organization or any illegal and criminal activities before this, and is a first-time offender and an occasional offender; At the same time, when arresting the defendant, the defendant always cooperated and did not refuse, hinder, resist or escape. I hope that the court can consider the circumstances when sentencing and give the defendant a lighter punishment as appropriate. In this case, the defendant's uncle provided effective clues for investigators, which enabled the public security organs to successfully capture the defendant's plot, saved the time and energy of the investigation organs, and played a positive role in the detection of this case and the defendant's arrival. As the immediate family members of the defendants, from the perspective of human ethics, they have to bear great psychological pressure. Under pressure, they still choose to provide clues to the investigation organs. In addition to supporting and cooperating with the judicial work, they also have the psychology of demanding a lighter punishment for criminals. Therefore, the assistance of relatives of criminals is different from that of ordinary people. Although it cannot be concluded that the defendant surrendered himself, according to previous precedents, the sentencing should be given a lighter punishment according to the specific circumstances of the case. 6. There are two old people in the defendant's family, a 73-year-old father and a 70-year-old mother, and a son who just turned 10. Both of them need the defendant to support them. In view of this situation, I hope the court can give him a lighter punishment, let him return to society and family as soon as possible, support his parents who are over 70 years old and raise his underage son to grow up. To sum up, the defendant committed a criminal act, which caused serious consequences of the victim's death and should be severely punished by law. However, according to the reasons and subjective psychology of the defendant Zhou Moumou when he committed the crime, the victim's certain faults and other special circumstances of the defendant, I hope the court can give him a lighter punishment, make him return to society as soon as possible, repay the society with his own practical actions, repay his parents and sons at home, and be a useful person to society. Thanks to Defender: The criminal defense statement made by lawyer Liu Fu of Henan Huarong Law Firm on February 22, 2009 is generally made by the entrusted criminal defense lawyer or legal aid lawyer. Lawyers can put forward their opinions in defense, and of course they will be punished according to facts and evidence. I hope the court can give the criminal suspect a lighter or mitigated punishment and so on.
Legal objectivity:
Article 33 of the Criminal Procedure Law: In addition to exercising the right of defense, a criminal suspect or defendant may entrust one or two persons as defenders. The following persons may be entrusted as defenders: (1) lawyers; (2) A person recommended by a people's organization or the unit to which the criminal suspect or defendant belongs; (3) Guardians, relatives and friends of criminal suspects and defendants. A person who has been sentenced to punishment according to law or deprived of or restricted personal freedom shall not act as a defender. A person who has been dismissed from public office or has his lawyer's or notary's practice certificate revoked may not act as a defender, except the guardian or near relative of the criminal suspect or defendant.