Legal analysis: Don’t express your emotions excessively, and be in line with public taste. Plain, steady and honest. Produce **** Ming.
1. The right to make a final statement is an important litigation right enjoyed by criminal defendants in trials. Its theoretical basis mainly lies in the legislation's special attention to the vulnerable status of criminal defendants and the embodiment of the principle of speech.
2. The purpose of setting up the final statement in the procedure is to help the judge better discover the truth of the case. It also demonstrates respect for the defendant's personality and has a special educational function for the public. In nature, the final statement is mainly an exercise of the right to defend, and it also embodies a kind of emotional catharsis.
3. In the process of criminal trial, the normal operation of the litigation mechanism is inseparable from the relative checks and balances between the prosecution and defense. This is especially true today when our country's criminal litigation mechanism is imperfect. Because the relative balance of power between the prosecution and defense is the prerequisite for confrontation.
④ However, the most common understanding reached by everyone is that there is an inherent serious inequality in the ability of the public prosecutor and the defendant to participate in litigation on behalf of the state. Some people vividly describe criminal proceedings as a war waged by prosecutors on behalf of a powerful state against a weak defendant. The prosecutor has the coercive power of the state and can take various coercive measures, but the defendant seems to be only the object of coercion.
5. Therefore, in legislation, all countries have to adopt strategies to balance the litigation status of the prosecution and defense. One of the most important strategies is to grant the defendant a series of special procedural guarantees or privileges so that he can The prosecutor's ability to participate in litigation and the status of the prosecutor gradually approach or catch up with his "opponent", thus enabling both the prosecution and defense to form a confrontational situation.
Legal basis: Article 14 of the "Chinese People's Procuratorate and National Criminal Procedure Law" The people's courts, people's procuratorates and public security organs shall ensure that criminal suspects, defendants and other litigation participants enjoy the rights and interests of criminal suspects, defendants and other litigation participants in accordance with the law. Rights of defense and other litigation rights