Defense lawyers shall take the following measures when conducting cross-examination:
First, insist that cross-examination is the premise of questioning evidence, and at the same time broaden the scope of cross-examination to the purpose of evidence proof. In other words, the dimension of defense lawyer's cross-examination includes not only the legitimacy, authenticity and relevance of the evidence itself, but also the purpose or object of proof of the evidence. In criminal trial, we should imitate the practice of cross-examination in civil cases, and lawyers should also cross-examine the purpose of evidence. At this time, it should be based on the criminal facts accused in the indictment of the procuratorate, explaining what contents in the evidence can not be proved, and even denying the criminal facts accused in the indictment. In fact, a considerable part of the evidence that the defense lawyer emphasized in favor of the defendant questioned the purpose of proof.
Second, when the defense lawyer makes a specific statement, he can say: "The following defenders put forward the following cross-examination opinions on the evidence from the aspects of the' three characteristics' of the evidence and the purpose of proof, combined with the criminal facts alleged in the indictment." The defense lawyer can also say more specifically: "The indictment of the procuratorate accuses the defendant Zhang San of having the purpose of illegal possession, but there are several aspects in this evidence that conflict with this." If the judge asks the defense lawyer, "Do you have any objection to the evidence?" The defense lawyer can say: "The defender has no objection to the' three natures' of the evidence, but has objection to the purpose of proof of the evidence. The following aspects of this evidence are in conflict (or uncoordinated) with the criminal facts alleged in the indictment. "
Thirdly, if the defense lawyer's opinions on the evidence cannot be included in the above-mentioned framework of objecting to the "three characteristics" of the evidence and the purpose of proof, they cannot be published in the cross-examination session. Some opinions are particularly valuable for defense, such as emphasizing the part of witness testimony that can prove the defendant's surrender. Lawyers can simply talk about it, but it is not appropriate, because it does not belong to evidence cross-examination.