The defense of criminal cases is a court statement made by defenders to protect the legitimate rights and interests of defendants in order to perform their duties in accordance with legal procedures. Anyone who is investigated for criminal responsibility by judicial organs has the right to defend and debate the accused crime, such as innocence, light crime, mitigated punishment or exemption from punishment.
1, header
(1) title. The first line should be marked with a title.
(2) Address forms.
(3) Preface. It mainly includes three contents: first, declare the legal status and basis of the defender; 2. What the defender did before appearing in court and the source of the defense content; Third, the defender's basic views on the whole case. The specific expression is as follows: "presiding judge, judge and people's assessor: According to the provisions of Article 20 of the Criminal Procedure Law of People's Republic of China (PRC) and Article 25 of the Lawyers Law of People's Republic of China (PRC), XX Law Firm of XX City, XX Province accepted the entrustment of XXX, the relative of the defendant XX in this case, and appointed me as the first-instance defender of XX. After accepting the entrustment, I carefully consulted all the case materials, met the defendant and conducted a lot of investigation and evidence collection. After careful investigation and rigorous analysis, I think the facts of this case are unclear and full of doubts, which makes it difficult to finalize the case. The following defense opinions are hereby issued according to law. "
2. Text
When making specific defense words, it should be divided into the following parts:
(1) Reasons and opinions of defense. (it is the core content of the defense. The main purpose of the defender's explanation is to safeguard the legitimate rights and interests of the defendant. Based on the facts of the defendant's behavior and the relevant laws and regulations, we should demonstrate the opinions and basis that the defendant is innocent, the crime is light or the criminal responsibility should be reduced or even exempted. Therefore, it is usually necessary to debate and discuss whether it constitutes a crime, what kind of charges it belongs to, whether it has the legal conditions for a lighter punishment, and whether the proceedings are legal. )
(2) concluding remarks. The conclusion is the induction and summary of the defense words. Generally speaking, there are two contents: one is the central point of the defense, such as innocence, guilt but light crime, etc. The second is to put forward suggestions to the court on the handling of the defendant.
3. Tail
At the end, the name of the defender and the time of issuing the reply shall be indicated.
The above is a simple answer to what is a criminal defense and how to write it. In fact, the form of criminal defense is not very important. What matters is the content of criminal defense and the lawyer's debate in court. Therefore, in order to protect the interests of criminal suspects and defendants in criminal proceedings, it is suggested that the parties must entrust lawyers with criminal defense experience.