Lawyers how to do a good job of criminal defense

Criminal defense is a lot of lawyers are not willing to get involved in the business, the reason is multi-faceted, the main reason is that the criminal field of power is highly centralized, compared to the criminal procedure law of other countries, we can see that our country in the field of criminal procedure, power is centralized in the hands of the judiciary, such as lawyers' right to meet with the lawyers, there is no doubt that the earlier the lawyers contact the parties, the more they are able to provide effective help to the parties. Provide effective help, but in our country really, the real meaning of the right to meet with the transfer of examination and prosecution, and at this time, the vast majority of cases have been settled, the parties (including lawyers) want to defend themselves has become very difficult, as for the other aspects of the problem reflected in more, here will not be enumerated, in short, the criminal defense is the lawyer's business in the most difficult business. In short, criminal defense is the most difficult business of lawyers.　However, freedom is the most basic rights of man, as a lawyer to defend the legal rights of citizens, must not avoid the light, refused to defend the client. So how to do a good job of criminal defense, the author believes that the main defense from the following aspects: criminal defense, the first defense of evidence evidence is the judge to determine the basis of all cases, so in all cases, the role of the evidence is very great, how to emphasize the role of the evidence in a criminal case is not too much, the evidence seems to be a piece of wood, the prosecution is to use a piece of wood to build a prove Legal suspects guilty of the building, if the lawyer can build this building of wood broken, the effect can be imagined. In fact, the vast majority of successful acquittal defense cases are in the evidence to defeat the prosecution, so that the prosecution's charges can not be established and success. This is also the vast majority of defense lawyers did not seriously do a job, many lawyers for criminal defense, is to meet with the suspect, and then when the court published a little defense, not to do the detailed investigation and evidence collection work, and no evidence to support the defense to obtain the recognition of the judicial organs and the adoption of its difficulty can be imagined, the results of the defense is difficult to satisfy.　　The criminal procedure law provides such a principle: evidence, heavy investigation, not gullible confession. This principle in the specific judicial practice, gradually evolved into the evidence, do not believe in defense, the vast majority of the judicial personnel from the heart will reject the suspect's defense, that the suspect said is pure sophistry, and therefore do not care to listen to the defense of the parties. In such a general judicial background, the suspect's defense is often not used as evidence, defense lawyers want to convince the judiciary, can not rely solely on the suspect's own defense, but need to come up with effective evidence to prove that the suspect's defense is reasonable and established.　　Criminal defense, the second defense logic of the defense The aforementioned, the evidence is like a piece of wood, the prosecution is to use this piece of wood to build a building to prove the guilt of the suspect, then, the prosecution is how to build this piece of wood into a building, which requires a connection between the wood mortise and tenon, which is often referred to as the logic. Only the use of logic, the prosecution can be a combination of evidence, and ultimately deduced that the suspect is guilty of the conclusion, that is, the prosecutor in the court usually say that the evidence corroborates each other, the formation of the evidence chain, enough to confirm the facts of the crime. Then, as a defense lawyer, you need to make full use of their own logical knowledge, to find out the other side in the logical reasoning process of the problem, so as to break the chain of evidence of the prosecution, which requires the defense attorney needs to be extremely strong logical thinking ability and discursive thinking ability to be able to find the other side of the logic of the wrong place, very often, the prosecution provides a large amount of evidence material, the evidence on the surface is very Solid, very sufficient, but as a lawyer, but never so by the surface of the phenomenon, to be able to be quiet, analyze the evidence one by one, only then can find the problem, and ultimately achieve good results.　　I once had a successful defense case, the case is very simple, a and b two people and a neighbor fight over trivial matters, a and b each holding a knife around the neighbor, the results of the neighbor's left and right shoulders were cut, which the left shoulder was seriously injured, after the b was prosecuted, and b can't say whether it is their own cut each other, the public prosecution of all the evidence are pointing to the b, but the author in the court, but the location of the victim's position of the b stand in the court, and a stand in the left side of the victim. However, in my defense, I argued that B was standing on the right side of the victim, and A was standing on the left side, and the injury on the victim's left shoulder could not have been caused by B, so B should not constitute a crime. Once the author's defense point was made, the judge and the public prosecutor were surprised, and it was obvious that they were not aware of the problem either. Not much time ensued and B was acquitted. Obviously, the success of this case can only be described as a triumph of logic.　　The third defense of criminal defense qualitative defense For a certain behavior, whether it constitutes a crime or not, there needs to be a clear provision of the law. But a criminal law, a few hundred articles, it is impossible to all the problems in real life are one by one detailed and stipulated, so there is such a problem: for the facts and evidence, the prosecution and defense lawyers are not controversial, but for the act constitutes a crime or constitutes what kind of crime (such as embezzlement or misappropriation of office), often a huge controversy, this controversy is what the legal profession calls the characterization problem.　　The qualitative problem is undoubtedly a key issue, which involves the defendant constitutes a crime or constitutes a misdemeanor or felony, such as the amount of the same case, the embezzlement of the crime of imprisonment than the misappropriation of office to be heavier, so the qualitative problem is also the focus of the defense should be concerned about the key aspects.　　Characterization of the problem involves the specific understanding and use of legal provisions, which requires the defense lawyer to have a high degree of legal literacy, to be able to words, to convince people by reason, through the law of the sensible, reasonable, lawful interpretation, with their own knowledge of the law and education to convince the judge and the prosecution, and ultimately obtain the results in favor of the defendant.　　Criminal Defense Fourth Defense of Circumstances After the defense attorney examines and researches the above aspects through, if no favorable defense angle is found, then it means that the defendant is indeed facing criminal punishment. At this point, the defense attorney will need to look for circumstances in favor of the defense to mitigate the defendant's culpability and allow the defendant to receive a lesser punishment.　　The so-called circumstances, generally refers to those objective facts that can affect the severity of the defendant's punishment, can be divided into legal and discretionary circumstances, mitigating circumstances and aggravating circumstances and so on. As a defense attorney, obviously need to look for is able to reduce the defendant's punishment of the circumstances, generally should be from the following aspects to look for: 1, whether there is a self-surrender, merit and other statutory circumstances.　　2, whether there is an antecedent, whether the victim is at fault.　　3. Whether the subjective motive is bad.　　Whether the defendant has always behaved well. Whether the defendant is a first-time offender.　　Effective plot defense can reduce the defendant's culpability to a certain extent, the defense attorney is not able to overturn the prosecution's charges under the premise of the defendant must try to find a plot in favor of the defendant, to provide effective help for the defense.