Hello, my answer to your question is as follows: 1. How do criminal defenders ask questions 1? Ask questions carefully and pertinently. Be careful when asking questions, because questioning in the trial is an ongoing activity, so we should judge the defendant's emotional state at that time and avoid asking questions at will when his mood fluctuates. At the same time, in the case of an accomplice, we must be careful in asking questions about the accomplice, and we must consider the possibility of mutual shirking and blaming. Moreover, we should seriously consider whether the result of asking questions will be beneficial to the defendant and decide whether to ask questions accordingly. Questions should be targeted, that is to say, questions should pave the way for the later trial. Specifically, the questions asked should be conducive to the subsequent cross-examination of evidence (such as questions related to the three characteristics of evidence), to clarifying the improper or misleading interrogation by the prosecution, and to the sentencing of the defendant (emphasizing guilty attitude or sentencing circumstances). Questions in court should not be raised casually. If there is no clear purpose, the defender should ask questions carefully. 2. Ask concise, clear and easy-to-answer questions. Ask clear questions so that the court and the defendant can hear clearly. Complex questions are not conducive to asking questions, nor are they conducive to the defendant's answer. It is not only welcomed by the court, but also beneficial to the interests of the defendant to accurately show the facts through logical questions and answers. Don't confuse the court and don't let the defendant react. At the same time, the judge's mood should be taken into account. On the one hand, trial is the work content that judges often repeat in their long career; On the other hand, the main purpose of the trial is to find out the facts and conduct the trial. Combining these two points, if the defender's questions are concise and targeted, the judge will not be prone to anxiety. Don't talk empty words or simply please the parties. 3. Highly sensitive to induced questions. On the one hand, it is necessary to avoid the use of induced questions by defenders, on the other hand, it is necessary to promptly oppose the induced questions put forward by prosecutors. Second, the role of court questioning 1. Defense lawyers can further fully understand and reveal the case through court questions. In such a complicated case, it is impossible for a defense lawyer to grasp the true situation of the case comprehensively and in detail through the case file materials. Insufficient time for marking papers, insufficient questions during investigation and evidence collection, and inability to understand the understanding of other defendants in the same case. The natural gap between the case and the objective facts reflected by the evidence materials determines that the defender cannot fully grasp the overall situation of the case, and it must be solved by court inquiry during the trial. 2. Show the position and mentality of the defense lawyer. Let the judge know that the defense lawyer is helping the referee to successfully complete the trial activities, help the referee find out the case and apply the law correctly; At the same time, let the prosecution know that the defense lawyer is telling the truth and is willing to discuss the facts and evidence of the case in a respectful and peaceful atmosphere, so as to eliminate the possible doubts and potential opposition of the prosecution to the defender and arouse the prosecution to adopt a rational way to the defense. 3. Relieve the defendant's nervousness and excitement. Guide them to adopt a rational attitude and face the trial process correctly. Most defendants appear in court for the first time. The huge gap caused by the long-term detention and the sudden change of living conditions has changed their mentality more or less, and their performance in the trial process is likely to be completely different from usual, which is very unfavorable for the determination of the facts of the case and the subsequent application of the law. Defense lawyers should pay full attention to this. Especially at this stage, in our judicial practice, under the condition that defense lawyers are not allowed to communicate with the defendant at any time, strengthening communication with the defendant by means of instructions, demands, affirmations and critical questions through the opportunity of court inquiry can alleviate the defendant's improper emotions and make him calmly state the facts. 4. Give your client a complete opportunity to make a complete statement. At this time, defense lawyers should give priority to open-ended questions, so that defendants can easily open their minds and have more choices when answering questions. Especially when the prosecution takes closed questions in the first questioning process to limit the defendant's explanation, the defender must remember to give the defendant a chance to finish his sentence when asking questions. 5. Pave the way for cross-examination of evidence and court debate. At this stage, the defender should guide the defendant to reveal the key plot and important evidence of the case, so as to pave the way for the later proof, cross-examination and court debate. Strictly speaking, court questioning points out the key points for future evidence cross-examination and makes other parties have suspense and enthusiasm. We look forward to the arrival of the evidence cross-examination stage to see if the evidence can prove what the defendant said is true.
Legal objectivity:
Article 34 of the Criminal Procedure Law of People's Republic of China (PRC) * * * A criminal suspect has the right to entrust a defender from the day when he is interrogated for the first time by the investigation organ or takes compulsory measures; During the investigation, only lawyers can be entrusted as defenders. The defendant has the right to entrust a defender at any time. When interrogating a criminal suspect for the first time or taking compulsory measures against him, the investigation organ shall inform him that he has the right to entrust a defender. The people's procuratorate shall, within three days from the date of receiving the case materials transferred for examination and prosecution, inform the criminal suspect that he has the right to entrust a defender. The people's court shall, within three days from the date of accepting the case, inform the defendant of the right to entrust a defender. If a criminal suspect or defendant requests to entrust a defender while in custody, the people's court, the people's procuratorate and the public security organ shall promptly convey it. If a criminal suspect or defendant is in custody, his guardian or near relative may also entrust a defender. After accepting the entrustment of a criminal suspect or defendant, the defender shall promptly inform the case-handling organ.