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In criminal defense, some lawyers will pay more attention to the defense of facts and sentencing, while others will pay more attention to the defense of evidence. The author thinks that the judicial environment in China has been greatly improved compared with earlier years. When the investigation organ arrested the suspect, the preliminary investigation work had been done very fully. Generally, there will be no "random arrest". Then, in such a relatively perfect judicial environment, there is generally no great objection to the fact finding.
Because of this, some criminal defense lawyers gradually shift from defending facts and sentencing to defending evidence. For the defense of evidence, some defenders will focus on the defense of excluding illegal evidence, while others will focus on the defense of the authenticity of evidence and the legality of the acquisition procedure. The author advocates evidence defense.
The defense of the authenticity of evidence is actually the defense of Jian Zhen. The main problems faced by Jian Zhen are: first, whether the evidence presented by the prosecution is consistent with the evidence at the time of the crime; Whether the evidence presented in court is what the prosecution said; Whether the evidence presented by the prosecution can truthfully reflect the contents recorded in the evidence; Whether the evidence presented is related to the alleged crime of the suspect, etc.
Evidence exists objectively, but the process of collecting evidence must be based on manual collection, so any link in the process of evidence circulation is very important. As long as a process is out of touch or the source is unclear, it will affect the direction of the whole case. For defense lawyers, the examination and handling of evidence collection and the determination of the authenticity and relevance of evidence will directly affect the later defense.
In addition, the integrity of the evidence chain is also an important part that defense lawyers need to identify. For example, the collection and seizure of physical evidence and documentary evidence must be accompanied by relevant transcripts that meet the standards. More precisely, the transcripts formed by investigators in the process of collecting and circulating evidence run through the whole evidence chain. Whether the source of evidence and the legitimacy of the circulation process can be proved is the key to the integrity of the evidence chain in the later period, and it is also the key to the defense of defense lawyers in the later period.
Jian Zhen of evidence is the pre-procedure to test the legitimacy of evidence, which directly affects the evidence system and the purpose of proof of procuratorial organs. Therefore, for defense lawyers, the effective use of evidence Jian Zhen is an important aspect of evidence defense. For defense lawyers, we should dismantle the evidence chain one by one around the defense purpose, and examine whether the relevant transcripts are produced simultaneously and whether the production of relevant transcripts conforms to the statutory norms and chain integrity.
To sum up, as a defense lawyer, only by applying the essence of evidence Jian Zhen to practice, giving full play to the effect of evidence defense and mastering the relevant litigation procedures with the times can we handle every criminal defense case with ease. Of course, these are my personal opinions. If you have different opinions, please comment and learn from each other!