Question 2: How to write the defense words of lawyers at all stages of criminal defense?
Dear presiding judge and judge,
Entrusted by the appellant's mother-in-law Zhu Guifang, Beijing Bank of China Law Firm Shanghai Branch appointed Ben Wu as the defender of the appellant Zhao Longying. After accepting the entrustment, we carefully reviewed the case materials provided by the court, met and listened carefully to the appellant's statements and arguments. I participated in the court investigation of this case today and asked the witnesses. We have a clear understanding of the facts of this case. The defender believes that the fact that the court of first instance ruled that Zhao Longying intentionally injured and caused death was unclear, the evidence was insufficient, and the sentence was improper. Therefore, the following defense opinions are put forward according to law for reference when the collegial panel of the court of second instance makes a fair judgment:
1. Defender refuses to accept the judgment of the court of first instance that Zhao Longying intentionally injured and caused death.
1. The appellant did not intentionally hurt the victim. The original judgment found that Lu Wenlong often drank alcohol and liked to beat the appellant after drinking, and his mother proved that he was prone to domestic violence after drinking. On the day of the incident, Lu Wenlong did drink alcohol and beat the appellant; As a weak woman, the appellant is bound to be in a weak position in physical conflicts due to reasons such as figure and physical strength, so she is always at a disadvantage in disputes. Neighbors also confirmed that they often beat the appellant for no reason after drinking in Lu Wenlong.
Therefore, while the victim was hurting the appellant, it is understandable that the appellant instinctively grabbed the casual shoes around him to resist because of his physical disadvantage. First of all, leather shoes are not blunt objects that can kill people, nor are they dangerous goods. The appellant's instinctive reaction was out of helplessness to protect himself. Secondly, the appellant himself did not know that Lu Wenlong suffered from cerebrovascular sclerosis. Admittedly, there was no intention to cause his death subjectively.
2. The defender objected to the witness testimony that "the victim was awake at that time" provided by witness Lu in the first instance.
Witnesses Lu and Ling Jianjun claimed that they were awake for some time on September 19 and 14, 2008. He said that he was beaten by his wife.
According to the admission records of Shanghai Pudong New Area People's Hospital, Lu Wenlong was in a state of "unconsciousness" from admission to death. The witness's statement that he was "awake for a while" is untrue. Obviously, the witness testimony lacks authenticity.
3. Witness Lu believes that the victim's death was an accident, which should be caused by a fall after drinking.
Secondly, the death of the appellant's husband, Lu Wenlong, was caused by many factors.
1. It is determined in the judgment that "Lu Wenlong suffers from cerebrovascular sclerosis", and he also drank alcohol on the day of the incident. As we all know, drinking a lot will lead to accelerated blood flow, increased blood pressure and increased pressure on blood vessel wall; Lu Wenlong is in an emotional state when physical conflict occurs, which increases the pressure on blood vessels in the brain;
According to the appraisal opinion No.207 (2008) issued by the Judicial Appraisal Center of the Institute of Forensic Science and Technology, Lu Wenlong suffered from scalp abrasions on the left side of the head, skin abrasions on the left side of the neck, skin abrasions on the outside of the left hip, skin abrasions on the inside of the lower part of the right upper arm, skin abrasions on the middle and lower parts of the left forearm, skin abrasions on the outside of the lower part of the right calf and scattered skin abrasions on the front part of the middle leg. According to the principle of mechanics, friction only occurs when two objects interact. If wear is to be the result, the force acting between two objects must reach a certain level. So when everyone saw Lu Wenlong, they found him lying on his head. In view of the above, it can be proved that the fact that the victim fell may lead to many bruises, which is also common sense.
Assuming that the judgment of the court of first instance is correct, the victim was beaten to death by leather shoes, then the external force of leather shoes alone, even repeated beatings, is not enough to cause the possibility of abrasion. The appraisal conclusion points out that "Lu Wenlong suffered from blunt external force on his head based on cerebrovascular sclerosis, resulting in closed craniocerebral injury and death due to dysfunction of the central nervous system". What is "closed craniocerebral injury"? Closed craniocerebral injury can be divided into direct violence and indirect violence, and indirect violence can be excluded here. Craniocerebral injury caused by direct violence can be divided into four types: acceleration injury, deceleration injury, crush injury and rotation injury. Among them, compression injury and rotation injury do not conform to the actual situation and can be ruled out. Accelerated injury is caused by the impact of moving objects such as sticks, irons and stones when the head is still, and the external force of leather shoes can't cause this kind of injury. Therefore, what is mentioned in the appraisal conclusion ... >>
Question 3: I want to ask, what is the difference between the criminal defense opinions and criminal defense words given by lawyers on the Internet? Generally speaking, an opinion is equivalent to an outline, and a defense is a detailed article.
Question 4: When will the criminal defense be handed in? Must it be in writing? You don't have to make a written defense, but submitting a written defense will help the judge understand the defense point of view of the defender in more detail and accurately, which is beneficial to the defense. The defense can be submitted immediately after the hearing, or it can be submitted to the court after a period of time.
Question 5: The difference between a defense lawyer in a criminal case's statement of appeal opinions and reading defense words is that appeal is the defendant's right, appeal is the defendant's statement of reasons for refusing to accept the judgment of first instance, and the lawyer's defense words are written defense opinions written by the lawyer to perform his defense duties, which are not completely consistent. A lawyer may not agree with the defendant's appeal when defending according to facts, evidence and legal provisions.
Question 6: Reprinting format of defense opinions in criminal cases.
(1) title. You can write "defense words about XXX (person) case"
(2) Preface. Explain the legal status of defenders. At the same time, briefly explain what the defender did beforehand, such as consulting the case file, understanding the case, meeting or communicating with the defendant in custody, etc. (mostly limited to lawyers). At the end of the preface, the basic views of the defender on this case can be summarized. If you think that the criminal facts accused by the public prosecution agency against the defendant cannot be established, or the conviction is improper, and so on.
(3) defense reasons. This is the main part of the "defense word", which puts forward the defense reasons from the fact, the law and the defendant's guilty attitude. Specifically, the defense reasons can be put forward from the aspects of analyzing whether the defendant's criminal facts put forward by the public prosecutor can be established; Or use the law to express opinions on conviction and sentencing, and express opinions on the charges raised in the indictment; The attitude of pleading guilty is mainly based on the party's policy of "confessing leniency and resisting strictness", and puts forward the reasons for leniency.
(4) the end. Summarize the defense reasons and put forward sentencing suggestions to the defendant.
(5) State the name of the defender and indicate the specific date.
format
On the defense of the case of _ _ _ _ _ _ _ _ _ _ (name) _ _ _ _ _ _ _ _ (cause of action)
The presiding judge and judge:
According to article 32, paragraph 1 of the criminal procedure law of People's Republic of China (PRC), I accept _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
Name of criminal suspect or defendant) _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Before that, I studied the indictment of _ _ _ _ _ _ _ _ People's Procuratorate, consulted the file materials and met with him.
The criminal suspect visited the relevant witnesses and conducted an investigation on the scene to obtain sufficient factual materials and evidence.
I think there are significant differences in the facts alleged in the indictment (or unclear facts, improper characterization, etc.). ). The reasons are as follows:
____________________________________________________________________________ __________________________________________________________________________ __ ____________________________________________________________________________ ______________________________________________________________________ _ _____ ____________________________________________________________________________
To sum up, I think: \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \' is: \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \
Question 7: The difference between the defender's defense opinion and closing statement in criminal cases. Defense opinion refers to the opinions of the defendant or his defender in a criminal case to refute and defend the indictment filed by the procuratorate, the public prosecution opinion issued by the prosecutor in court and the allegations in the criminal private prosecution of the private prosecutor. The conclusion is a summary of something. Draw a final conclusion on a very complicated problem.
Question 8: How to write the defense in criminal proceedings? Defend according to the indictment from the aspects of facts, application of law, determination of charges, discretionary or statutory mitigating circumstances.
Question 9: When will the criminal defense opinions be submitted? When will the public security organ send the case materials to the procuratorate for examination and prosecution?
Question 10: Can there be two opinions on the crime of criminal defense? Article 162 of the Criminal Procedure Law (from my own point of view) Article 176, paragraph 2 of the Supreme People's Court's Interpretation on Several Issues Concerning the Implementation of the Criminal Procedure Law of People's Republic of China (PRC): If the facts of the accusation are clear and the evidence is indeed sufficient, and it is inconsistent with the accusation determined by the people's court, a guilty verdict shall be made. However, if the people's court wants to change the charges, it must seek the opinions of both the prosecution and the defense; When necessary, the court debate should be resumed. Otherwise, it will cause confusion between the trial function and the accusation function, and it is suspected of depriving the defendant of his right to defense.