What problems should be paid attention to in probation defense of corruption
First, what problems should be paid attention to in the suspended defense of corruption? 1, about attitude. From the perspective of protecting the legitimate rights and interests of the defendant, the defender provides legal advice based on facts and taking the law as the criterion, helping the judicial organs to clarify the case, so as to make a fair judgment and make the defendant get a fair and reasonable judgment. 2. About the content of the defense. This should be based on different specific cases, highlighting the main points, and not ignoring the primary and secondary points to prevent the main points from being diluted. Some should defend from the fact, some should defend from the applicable law, some should focus on the application of punishment, or should defend from other aspects. No matter from what aspect, we should highlight the key points. Whether the defense is well written lies not in the length, but in whether the opinions put forward are clear and based on facts and laws. 3. About the format of defense words. The defense is divided into three parts: preface, reason and conclusion. The preface should explain the legal status and tasks of the defender in the court, explain the activities before the court session and the basic views on the case. The reasons should be based on the circumstances and conditions that can be lightened, mitigated or exempted from punishment. In the conclusion part, it is necessary to make concluding comments so that court members can understand the basic points of the defense. Here are some examples. Second, the format of criminal defense words is 1, the first part. The title should be written in the first line. 2, the text. In the specific production of court defense, it is divided into two paragraphs. (1) Explain to the court the basis for exercising the right of court defense. Second, explain to the court the basis of the defense's speech. Third, briefly but clearly summarize the defender's basic views on the case. (2) Defend the accuser's determination of criminal facts. Second, defend from the aspect of law application. Third, defend from a rational perspective. There are three main contents: first, affirm the legal status of defenders; The second is to talk about what the defender did before appearing in court; The third is to talk about the defender's basic views on the whole case. Defense reason: it is the core content of defense words. 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 whether it constitutes a crime, what kind of charges it belongs to, the legal conditions for lenient punishment, and whether the proceedings are legal. Conclusion: It is the induction and summary of the defense words. One boat talks about two contents: one is the central point of the defense; The second is to put forward suggestions to the court on the handling of the defendant. Defender: Because the suspended defense of criminal suspects suspected of corruption must be written by professional lawyers, it must be noted that the suspended defense is to put forward their own defense opinions. From a professional lawyer's point of view, the defense's words are not blindly against the prosecution, and the words should not be too intense. If the defense opinion of probation is put forward in combination with the case, the format of criminal defense words is also very simple, and the general professional lawyer.