Cross-examination opinions on criminal cases

Legal analysis: 1. In addition to exercising the right of defense, the defendant can also entrust or be appointed by the people's court to defend him, which can better safeguard the legitimate rights and interests of the defendant. After accepting the defense task, the defender should carefully consult the case file, listen to the defendant's statement, investigate the situation with the relevant personnel, understand and be familiar with all the case analysis, so as to eliminate the rough and extract the essence, and discard the false and retain the true. Collect all the facts and evidence that can prove the defendant's innocence, light crime or reduce or exempt him from criminal responsibility, make it systematic and orderly, and finally write a convincing defense with correct views, sufficient arguments, thorough reasoning, clear organization, clear hierarchy and convincing. Such a defense helps to safeguard the legitimate rights and interests of the defendant. 2. Defenders put forward materials and opinions to prove the defendant's innocence, the crime is light, or his criminal responsibility is reduced or exempted. Prosecutors appear in court to support the public prosecution, and make public prosecution statements, mainly to expose the social harm of the crime and clarify the reasons for bringing public prosecution and transferring the defendant to the court for trial. Therefore, the two sides often tit for tat, each holding one end. In this way, problems and contradictions can be fully exposed, so that the people's court can hear both positive and negative situations and opinions, so as to "listen to what others say is clear" and avoid "listen to what others say is dark", which is helpful to comprehensively and objectively find out the case, identify the truth and falsehood, draw a clear line between crime and non-crime, and correctly convict and sentence. Undoubtedly, this will improve the handling quality of people's courts and reduce unjust, false and wrong cases. 3. There is no fixed format of defense words. But generally speaking, it consists of three parts, namely preface, reason and conclusion. In addition to these three parts, the title is marked "defense" or "defense on the case of ×××××× (defendant's name) ××××× (cause of action)." Write the address of the desk before the preface as "presiding judge, people's jury", "presiding judge, judge and people's jury" or "presiding judge and judge". How to address it depends on the situation of the members of the court.

Legal basis: Article 50 of the Criminal Procedure Law of People's Republic of China (PRC), the defendant's confession and defense are independent legal evidence crimes, and the whole process is the confession and defense of the criminal suspect and defendant.