Author: Wang
In recent years, I have dealt with many cases, including excitement, tears and embarrassment. In short, excitement is more than pain, and excitement is more than sadness. No matter how times change and human feelings are indifferent, I always treat my career with such persistence, enthusiasm and seriousness. I have no experience in handling cases and learned a lot. However, the pain after failure is the most worth learning, because the value of failure is more precious than gold. Can be engraved in my heart forever.
I put the focus of dealing with marking on the first link. Marking a paper is like reading a book. I want to read it thoroughly. Just like doing homework, you have to do exactly the same; This is the same as taking notes. Remember to be in good order. Its purpose is to make yourself invincible in the activities of the court and make the presiding judge respect you. First of all, I won the respect and recognition of the judge with your meticulous work style in the trial activities, and then laid a preliminary foundation for persuading the judges and jurors to adopt my opinion.
I have made a detailed memory of my marking method and made a preliminary arrangement, mainly in the following aspects.
First, that surface of the first roll
Looking back on my work experience, whenever I accept the entrustment, I will go to the court to give the power of attorney and the official letter of the law firm to the presiding judge, so that the judge can confirm my identity, and at the same time receive the indictment and sign the receipt. A file for marking is then received.
1, notes excerpt
After reading the indictment, I got a lot of information about the parties directly from the indictment. In order to confirm the correctness and authenticity of this information, I immediately took notes on the procedure, from jurisdiction, report record, filing approval form, case handling process, detention report and approval procedure, application for approval of arrest decision, detention notice and arrest notice to prosecution opinion, and made extracts one by one. For example, I sometimes find problems in time. These can only be found after careful reading, and sometimes it is found that the applicable law is wrong. The criminal law 1979 should be applied instead of the criminal law 1997. I communicated with the judge and the prosecution in time, avoiding the passivity in court and increasing the trust and respect of the judge and the prosecution for lawyers.
2. Key excerpts
Whenever marking papers to the on-site inspection record, appraisal conclusion, search record and other materials, in addition to carefully reading it once or twice, you should also extract relevant paragraphs, such as whether the on-site record is consistent with the indictment, the qualification of the unit that made the appraisal conclusion, and the qualification of the appraiser. Such as whether the description of the wound is consistent with the murder weapon. , but also to focus on extraction, can not have the slightest carelessness and little knowledge. Whether the search record has the signature of the party concerned and the signature of the on-site witness is the key reference object.
3, colored pen circle dots
It is very convenient to distinguish the key parts and everyone's information with different colors of stroke coil points.
The above part is that when I first entered the paper, I made a preliminary absorption of the information of archival materials in a limited time.
Second, in-depth understanding.
1, classification record
In the crime of * * *, each defendant has different behaviors in different places. Sometimes all people have committed the crime of * * *, and sometimes they have crossed the crime of * * * *, and the objects of infringement are different, so I divide their behaviors into different properties and classify them. Such as people, property, cash, bills, securities, etc. , are classified records, more convenient for analysis and research.
2. Time series recording
According to the chronological order of the indictment and the chronological order of the file, we can clearly record the behaviors, places and results of many defendants in many different time and space, laying a good foundation for my defense stage and avoiding mistakes.
3. Cutting and splicing
Sometimes when it is inconvenient to extract, I also make necessary cuts without destroying the copied files, and paste the confession cut by Mr. A under the evidence of the prosecution about Mr. A, so that other materials about Mr. A can be pasted together completely. This is for special use, and there will be no mistakes in proof and cross-examination, or there will be omissions when using it, which will not only delay time, but also affect defense lawyers.
Third, I know everything.
1, according to the sequence table
According to the order table, the defendant, time, place, result and expert conclusion of each accusation are listed in a table, so that when the prosecution gives evidence, I only use the information on the table to check with his content, without looking at the words on the copy. This saves labor and time, and it is not easy to make mistakes. The form I design is generally like this:
2. Classification list
In particular, we should classify * * * and crime, but sometimes individual crimes will appear and the content is chaotic, so we should classify them. Defendants who misappropriate public funds in financial crimes should be classified and recorded.
3. One form for each person
If the number of * * * associates is large, the case is complex, and most of them are gang theft and mobile theft, and the number of thefts is large or the amount is huge, it is more realistic to adopt the method of one person and one table, and it is not easy to make mistakes.
4. List of confessions
More common in bribery cases, such as one person bribing more than one person, or one person bribing more than one person. I have confessed that the prosecution also has file records, but most of them are chaotic, with a long time span, and it is more troublesome to turn pages. Therefore, it is best to use list statistics after marking, such as taking bribes and making a list of a sum of money:
5. Unified tabulation
In the case of a large number of people, meticulous division of labor, numerous crimes and combined punishment for several crimes, each crime can be expressed in a table by unified tabulation after marking.
6. List of witnesses
For the testimony of more than two witnesses, the contradictions on the marks will be displayed in court in the form of tables, thus disrupting the evidence base of the prosecution.
7. List of testimonies
The contradiction of repeated testimony of individual witnesses can be listed and displayed to the court at a glance, so as to shake the evidence base of the prosecution and then cut off the evidence chain of the prosecution.
Fourth, free handling.
On the basis of marking, the case was dealt with as above. As a defender, you have only completed half the task, and this half is only your own knowledge. It is not enough to understand it by yourself. More importantly, let the prosecution know that there is something wrong with his evidence chain, thus shaking his foundation and disrupting his preparation thinking before appearing in court. Let the judge know that the lawyer's work is extremely meticulous, and convince the judge to support the defense lawyer's point of view with facts.
In order to let the presiding judge and members of the collegiate bench know my point of view and let the clerk record my speech completely, before appearing in court, I put the marking records in one set for unified sorting, classified binding and cross-examination, and I put the evidence in another set. These two sets of materials were presented to the three judges of the collegiate bench, one for the prosecution and one for the clerk. In this way, I always prepare cross-examination, proof and debate according to my own words in court activities, which not only prevents unnecessary mistakes and language barriers, but also facilitates the records of collegiate bench members and clerks, leaving a good impression on the other side. I remember one time when I was in court, I bound the prepared materials into six copies, gave them to three judges and clerks respectively, and gave the other one to each other. It happened that the other two lawyers didn't summarize and bind their own evidence materials, and they were in a hurry when they cross-examined in court, and they couldn't find the evidence they wanted for a long time. I was so angry that the presiding judge held up my bound evidence list and said, "Look at other people's materials, all lawyers in the same area. Why?"
No matter which court is in session, you should look at it carefully and prepare carefully. It is very different to look at it or not! Preparing and not preparing are very different! If lawyers want to win the praise of judges and clients and win the respect and recognition of judges, you should read the documents carefully over and over again, prepare carefully, appear in court seriously, and behave like a gentleman. Such a lawyer is a qualified criminal defense lawyer.