1. What's the impact of the defendant's failure to hand in the defense?
The effect of the defendant's failure to submit a defense is that the final judgment is unfavorable to the defendant. In civil proceedings, if the defendant fails to submit the defense in accordance with the law, it will not affect the court hearing. The people's court shall send a copy of the indictment to the defendant within five days from the date of filing the case, and the defendant shall submit a reply within fifteen days from the date of receipt. If you don't submit it, it will be regarded as an opportunity to give up your defense.
2. What is the content of the defense?
The format of the defense is not much different from that of the indictment. The biggest difference lies in the content of the defense. The defense consists of three parts, the first part, the defense reasons, the last part and the appendix.
1, header.
The following contents should be stated in the title:
(1) title. The title indicates "criminal (or civil) defense" and "criminal (or civil) appeal defense". The former is the defense of the first-instance case, and the latter is the defense of the appeal case.
(2) the basic situation of the respondents. The party column directly lists the basic information of the respondent. If the defendant is a citizen, the name, sex, age, nationality, native place, occupation and address of the respondent shall be listed. If there is an agent, write the agent next to the other line, and indicate whether it is the legal agent, the designated agent or the entrusted agent, and indicate the name, gender, age, nationality, place of origin, occupation and address. If it is a legal agent, it is also necessary to explain the relationship with the respondent. If an agent is entrusted, the name and position of the agent only need to be stated. If the defendant is an enterprise, institution or organization (legal person), the full name and location of the respondent and its unit shall be listed first. Write the legal representative of the unit and his name and position on another line. On a new line, list the entrusted agent, his name and position. The situation of the other party does not need to be listed separately. You can explain who the prosecutor and appellant are in the following defense reasons, and what is the cause of prosecution or appeal.
(3) state the reasons for defense. The defense of the first instance case and the defense of the appeal case are written in different ways.
2. Reasons for reply.
The cause of defense is the main part of the cause of defense, and there is no uniform writing. You must defend the facts and reasons put forward by the plaintiff in the complaint or the appeal request and reasons put forward by the appellant in the appeal. You can put forward the opposite facts, evidence and reasons to prove that your reasons and opinions are correct and your demands are reasonable.
3. The following contents should be explained in the tail and appendix:
(1) Submit permission. Written as "this letter" and "so-and-so people's court".
(2) Write it on the lower right. The respondent XXX (signature or seal) and indicate the year, month and day.
(3) Appendix. Indicate the names and quantities of exhibits and documentary evidence.
The defense is a document that the defendant (person), counterclaim, appellee and respondent (respondent) reply and refute the contents of the complaint, counterclaim, appeal and retrial application (complaint) within the statutory time limit, and it is one of the most frequently used languages in the complaint. The defendant must actively respond to the lawsuit and submit a reply to the court in time.