Because of the ability of obtaining evidence in negotiating cases, defenders often need the assistance of lawyers. In practice, the fact that the defense provides less evidence to the court does not mean that the defense cannot provide evidence. In criminal cases, lawyers, as defenders, provide evidence to the court, including two types of evidence: one is evidence collected by themselves, and the other is evidence favorable to the defendant in the case file. As a defense lawyer, he should be particularly good at using prosecution evidence to testify in court. Lawyers should pay attention to: 1 when presenting evidence as a defense. When presenting evidence to the court, we must arrange the order of presenting evidence scientifically and reasonably, and provide the court with the outline and main points of presenting evidence. For the evidence collected by yourself, it is best to present the original in court, conduct cross-examination and request that it be recorded in the court transcript. In reality, some judges do not handle the handover procedures when accepting evidence, which leads to the evidence being maliciously concealed and makes lawyers very passive. Before testifying, you must explain clearly to the court the purpose of testifying and the procedure of collecting evidence. 3. Be good at using the prosecution's evidence to give evidence in court. Some lawyers think that all the evidence is in the case file and there is no need to show it. However, the evidence in the case file that is beneficial to the defendant and provided for the prosecution must be presented, which is beneficial to the case. This is to remind the court; Second, according to the law, evidence without cross-examination cannot be used as conclusive evidence; Third, the evidence provided by the prosecution in favor of the defendant does not need a lawyer to prove the legitimacy of the evidence. This can be done in practice. "These are all evidence in the case file that is beneficial to the defendant, but the prosecutor did not provide evidence. Now the defender proposes to submit to the court for cross-examination. If the court considers it unnecessary, simply list the catalogue and the list of evidence, please put it on record. " Only in this way can we be prepared.
legal ground
Criminal Procedure Law of the People's Republic of China
Article 51 The burden of proof that the defendant is guilty in a public prosecution case shall be borne by the people's procuratorate, and the burden of proof that the defendant is guilty in a private prosecution case shall be borne by the private prosecutor.