How to write the defense opinion in the stage of examination and prosecution?
First, how to write the defense opinions at the stage of examination and prosecution? People's Procuratorate: According to Article 33 of the Criminal Procedure Law of People's Republic of China (PRC), _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ After accepting the entrustment, the defender consulted the materials of this case and met with the criminal suspect. According to the facts and laws, the following defense opinions are put forward: 1, and the facts are _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _. 2. Evidence: _ _ _ _ _ _ _ _ _ _ _ _ _ _. 3. Applicable law: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _. 4. Prosecution and sentencing: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _. To sum up, this defender requests the undertaker of this case to adopt defense opinions when examining and prosecuting. Defender: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Whether the facts are clear, whether the evidence is true and sufficient, and whether the nature of the crime and the determination of the charges are correct. Finding out the facts and circumstances of the crime is the premise of correct conviction and sentencing, and finding out whether the evidence is true and sufficient is the basis and basis of correct conviction and sentencing. 2. Other responsible people's procuratorates should be objectively and comprehensively accountable. Therefore, when examining and prosecuting, we should pay attention to examining whether criminal suspects and other persons who should be investigated for criminal responsibility have committed criminal acts. In order to find out all the criminal facts of the case, it is necessary to find out all the crimes of the criminal suspect and catch all the perpetrators of the same crime. It is one of the duties of the people's procuratorate to ensure that innocent people are not investigated for criminal responsibility. Therefore, when examining a case, the people's procuratorate must find out whether the suspect should not be investigated for criminal responsibility. Article 15 of the Criminal Procedure Law clearly stipulates the circumstances in which criminal responsibility should not be investigated. 4. The process of legal people's procuratorate's investigation and prosecution is also the process of legal supervision of investigation. Therefore, when examining a case, the people's procuratorate should pay attention to whether the investigation activities of investigators conform to the legal procedures and whether the legal procedures are complete. In particular, it is necessary to find out whether there are cases of extorting confessions by torture and collecting evidence by threats, temptations, deception and other illegal methods in the process of interrogating criminal suspects and witnesses. To sum up, the public security organ will transfer the suspect to the procuratorate for examination. In the stage of examination and prosecution, the criminal suspect can hire a lawyer to defend him. This defense opinion is very important, which is related to whether to prosecute and finally sentence. In his opinions, the defender shall clearly explain the facts of the crime, the violation of the law and the confession and repentance of the criminal suspect, and put forward his own opinions.