Basic elements:
(1) title. You can write "defense words about XXX (person) case"
(2) Preface. Explain the legal status of defenders. At the same time, briefly explain what the defender did beforehand, such as consulting the case file, understanding the case, meeting or communicating with the defendant in custody, etc. (mostly limited to lawyers). At the end of the preface, the basic views of the defender on this case can be summarized. If you think that the criminal facts accused by the public prosecution agency against the defendant cannot be established, or the conviction is improper, and so on.
(3) defense reasons. This is the main part of the "defense word", which puts forward the defense reasons from the fact, the law and the defendant's guilty attitude. Specifically, the defense reasons can be put forward from the aspects of analyzing whether the defendant's criminal facts put forward by the public prosecutor can be established; Or use the law to express opinions on conviction and sentencing, and express opinions on the charges raised in the indictment; The attitude of pleading guilty is mainly based on the party's policy of "confessing leniency and resisting strictness", and puts forward the reasons for leniency.
(4) the end. Summarize the defense reasons and put forward sentencing suggestions to the defendant.
(5) State the name of the defender and indicate the specific date.
Basic format:
On the defense of the case of _ _ _ _ _ _ _ _ _ _ (name) _ _ _ _ _ _ _ _ (cause of action)
The presiding judge and judge:
According to article 32, paragraph 1 of the criminal procedure law of People's Republic of China (PRC), I accept _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
Name of criminal suspect or defendant) _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Before that, I studied the indictment of _ _ _ _ _ _ _ _ People's Procuratorate, consulted the file materials and met with him.
The criminal suspect visited the relevant witnesses and conducted an investigation on the scene to obtain sufficient factual materials and evidence.
I think there are significant differences in the facts alleged in the indictment (or unclear facts, improper characterization, etc.). ). The reasons are as follows:
____________________________________________________________________________ __________________________________________________________________________ __ ____________________________________________________________________________ ______________________________________________________________________ _ _____ ____________________________________________________________________________
To sum up, I think: \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \' is: \ \ \ \ \ \ \ \ \ \ \ \.
According to the provisions of Article 1 of the Criminal Law of People's Republic of China (PRC) and the Criminal Law of People's Republic of China (PRC), the procuratorial organ is requested to investigate the criminal suspect in this case.
_ _ _ _ _ _ _ _ _ _ Do not prosecute (or request the court to declare the defendant innocent, exempt from punishment or give a lighter or mitigated punishment).
Defender: _ _ _ _ _ _
Year-month-day