How to write the defense sent back for retrial?

The defense sent back for retrial should be written according to the case sent back. Dear presiding judge and judge: With regard to this case, through reading papers, meeting with the defendant and attending the trial, according to the facts, evidence and relevant laws and regulations of this case, the following defense opinions are put forward, which are requested to be adopted by the collegial panel when judging. 1. Defenders of Li's intentional homicide case have no objection to the charges charged in the indictment, and now they only express their defense opinions on the sentencing part as follows: 1. This case is a case caused by family conflicts. Because Li and the victim disagreed on whether the defendant's mother could live in a big house, the victim did not agree that the defendant's mother could live in a big house. This case is caused by filial piety to the elderly, which is different from the murder case of vicious social security. An important plot of this case can not be ignored, that is, the victim threatened the defendant with a knife first, which led to the occurrence of this case. The victim's early behavior played a certain role in the occurrence of this case, and there was more or less fault. The public security organs have repeatedly interrogated the transcripts, and Li Moumou has stated this plot. The details of the case are consistent enough to be used as a basis for finalizing the case. 3. The defendant and the victim are husband and wife. They have two children, both of whom are minors. The older 14 years old, the younger 9 years old. The two children lost their mother. If they lose their father again, they will become orphans, which will have a very bad impact on their lives. Moreover, the two underage children also provided the court with a letter of understanding requesting a lighter punishment for their father, which should be regarded as the defendant's understanding of some relatives of the victim. 4. The defendant has a good attitude of pleading guilty, knowing that he is sorry for the victim and his family, and even more sorry for his two underage children. He has completely repented and is willing to pay all his money to compensate the families of the victims. He said in court that he was willing to compensate the victim's mother for a new house worth about 200,000 yuan. 5. Li did not identify the criminal suspect in the public security organ, but he still voluntarily confessed his crime during the general investigation and inquiry, which is in line with the provisions of the third paragraph of Article 1 of the Supreme Court's judicial interpretation on surrender, and should be considered as surrender. The file shows that Li was first questioned by the public security organs at 20: 65,438+02 on June 7, 1965. At that time, the public security organs were not sure who the suspect was, and the documents used were also interrogation transcripts. After the work of the public security organs, Li confessed to the criminal acts from June 8, 2065438 to June 8, 2065438 at +09: 20 to June 8, 2065438 at +02: 22: 05. At that time, there was no evidence in the materials held by the public security organs to prove that Li was a suspect. It was precisely because of Li's confession that the public security organ identified the suspect and later detained Li at 23: 00. It can be seen that when the public security organs questioned Li, they did not determine the crime and did not take coercive measures. It was not until Li confessed that the suspect was identified and then compulsory measures were taken. Looking at the evidence materials of this case, even after the prosecution was withdrawn, there was no direct evidence such as blood on Li's clothes and fingerprints on the hammer. Li's confession is the most important evidence for conviction in this case. Without a confession, I am afraid that even the conditions for detention and arrest cannot be met. To sum up, from the relationship between the defendant and the victim before the appellant was suspected of intentional homicide, to the cause of the case, from the victim's own fault behavior to the defendant's confession attitude after the case, combined with the defendant's filial piety, there are two underage children and a seriously ill mother at home. We can understand that the victim's mother wants to be sentenced to death, but the simple legal concept of "killing for life" does not conform to the criminal policy of "retaining the death penalty and strictly controlling it" in the current law. Because this case was caused by the contradiction between marriage and family, the victim was at fault in the occurrence of this case. The victim's two children have forgiven the defendant and asked the court for a lighter sentence. At the first trial, the defender provided the court with a letter of understanding. According to the Decision on Further Strengthening the Criminal Trial Work issued by the Supreme People's Court, the Notice of the Supreme People's Court on Printing and Distributing the Minutes of the Symposium on Maintaining Rural Stability by National Courts, and the Notice of the Supreme People's Court on Printing and Distributing Several Opinions on Carrying out the Criminal Policy of Tempering Justice with Leniency, the defender believes that although the crimes committed by the defendant are very serious, they are not heinous. At the same time, in view of the above-mentioned circumstances that can be given a lighter or mitigated punishment according to law or as appropriate, and in line with the principle of "killing less and killing carefully" in China's criminal law, the defender implores the collegial panel to refer to the judgment results of Wang Zhicai's intentional homicide case 4 and Li Fei's intentional homicide case 12 published by the Supreme People's Court, and if the victim's mother does not understand and demands a strict sentence, it is not necessary to be sentenced to death immediately. Giving full play to the system of reprieve and restriction of commutation can not only severely punish crimes according to law, but also effectively reduce the role of execution of death penalty and give defendants a chance to turn over a new leaf and turn over a new leaf. I believe the victim knows everything, and I don't want to see two children become orphans and helpless. To Defender of Higher People's Court of Hebei Province: On May 20th13rd, related domestic cases were sent back for retrial, and there were some problems in the cases. Lawyers involved in the case can, according to their own actual situation, safeguard the relevant parties and their legitimate interests, write relevant defense words for such people, and handle the trial and defense of such cases in accordance with China's laws and regulations.