Criminal defense strategy
First, the defense of the facts of the case
(a) to actively discuss and prove the specific behavior of the defendant put forward by the public prosecution agency that is different from the facts of the case;
(2) Refuting the determination of the facts of the case put forward by the public prosecution agency, that is, discussing and proving that the public prosecution agency did not fully prove that the defendant committed a criminal act with evidence.
The defense of the facts of the case can be divided into:
1. I don't know the defense that doesn't meet the constitutive requirements of the crime. Common practices are:
(1) State or prove that the defendant does not have the legal requirements of the criminal subject.
(2) State or prove that the defendant has no criminal intention or criminal purpose subjectively.
(3) state or prove that the defendant objectively did not commit a criminal act.
(4) state or prove that it does not have the criminal purpose and criminal consequences required by some criminal constitutions.
2, blocking the defense of illegal sex.
Generally, there are: liability for breach of contract. The defendant has not reached the age of criminal responsibility, the defendant is incapable of criminal responsibility for other reasons (mental reasons), and the defendant has justifiable defense, emergency avoidance or unexpected circumstances.
3. Plot defense
According to the facts of the case, the defense lawyer pointed out that the defendant had the facts and circumstances conducive to a lighter punishment, such as first offense, surrender, meritorious service, confession, victim's fault, crime preparation, attempted crime, crime suspension, subordination in the same crime, and criminal threat.
Second, the defense evidence is insufficient.
1. Individual evidence cannot be finalized.
2. Exclude illegal, untrue and irrelevant evidence.
3. Evidence cannot form a chain of evidence and cannot be finalized.
4, the evidence is insufficient to finalize # film and television
(1) The prosecution's dialectical evidence conflicts, and the prosecution's evidence cannot be denied, nor can the defense deny the defense's evidence.
(2) The prosecution's evidence cannot exclude reasonable doubt.
Third, the legal application of defense.
It refers to the fact that the defense lawyer has no objection to the prosecution, but whether the fact constitutes a crime, what kind of crime it constitutes, the content and qualification standard of the theoretical examination of Shanghai driving school-021learner's car. com。 The nature, conviction and sentencing of a crime are different from public prosecution.
1, non-crime defense, according to the principle of legally prescribed punishment for a specified crime, it is proposed that the defendant's behavior does not conform to the specific legal provisions of the charges accused by the public prosecution agency.
2. Defend another crime. According to the principle of a legally prescribed punishment for a crime, it is proposed that the defendant's behavior does not conform to the specific legal provisions of the crime accused by the public prosecution agency, but conforms to the provisions of another crime with less criminal responsibility, and the defendant's behavior is suspected of a crime with less criminal responsibility.
3. Conviction and sentencing defense.