How to improve lawyers' level of court debate

In criminal cases, lawyers mostly appear as defenders of criminal suspects or defendants. The opponents of the debate are mainly state prosecutors; The content of the debate is all the facts related to the criminal case. Generally speaking, the form of criminal defense is mainly oral subject debate, supplemented by written defense. According to the current law, lawyers' participation in criminal proceedings is mainly carried out from the date when the public prosecutor examines and prosecutes the case. Defense is an important content in criminal proceedings. Doing a good job in court defense and debate is not only crucial to safeguarding the legitimate rights and interests of criminal suspects or defendants, but also of great significance to ensuring the correct implementation of national laws. How do lawyers plan the defense of criminal cases? We think: (1) In order to improve the quality and effect of defense, it is very important to prepare for court. There are four main aspects of preparation before appearing in court: 1, and mastering the basic situation of the case. Lawyers should read the indictment carefully. Consult the case file materials. Meet with criminal suspects or defendants, conduct necessary investigations, and fully understand the situation. Grasp the case, so as to know what you already know. Know fairly well and lay the foundation for the formation and strategic operation of defense opinions. 2. Form a defense opinion. The formation of defense opinions is a lawyer's comprehensive case. The process of analysis and induction. That is, "remove the rough and extract the fine." Get rid of the false and keep the true. This and that. From the outside to the inside "strategic operation design. This requires lawyers not only to be very familiar with the case, but also to synthesize various situations. Moreover, he knows the important plots like the back of his hand, as well as the professional knowledge and technical problems involved. On this basis, we study all kinds of materials in different categories, grasp the two major issues of fact and law, and form defense opinions and plans. If the behavior of a criminal suspect or defendant has nothing to do with or is partly related to the alleged criminal facts, it can be used as a defense of innocence or light crime; If the facts exist, but criminal responsibility should not be investigated, you can make a defense that criminal responsibility should not be investigated. It can also be based on the motives of criminal suspects and defendants. Purpose. Means and negligence. First-time offender, young, attempted, suspended sentence, surrender and other statutory mitigating circumstances and a good attitude of pleading guilty, can be given a lighter, mitigated or exempted criminal responsibility defense. How to determine the specific defense arguments depends on the actual situation of the case, but lawyers should have their own opinions in operation, not countless minds. 3. Write a defense. Defense words are the defenders' conclusive opinions on the case, and their contents are based on the defense opinions. From its point of view, it can be divided into the plea of innocence, the plea of mitigation of guilt, the plea of exemption from criminal responsibility and the plea of not pursuing criminal responsibility. The requirements of defense words are: the facts are clear, the evidence is objective and reliable, the reasons are sufficient, and the law is properly applied. It is also necessary to decide the length of the defense according to the content of the defense, and avoid being lengthy and empty. Words and sentences should be exact, reasonable and legal, not exaggerated or grandstanding. When some lawyers appear in court to defend, they speak rashly without writing a defense, taking notes or drawing a few lines in their notebooks. They are neither solemn nor serious, and they often make mistakes. As we all know, the process of writing defense words. It is often the thinking process of forming or perfecting the defense plan in the mind. The defense is not only an important legal document for lawyers to evaluate and express their opinions on the case as a whole, but also a symbol to measure lawyers' professional level and theoretical level. 4. Write a question outline and a debate outline. When writing a defense, if it is necessary to ask questions to the criminal suspect or defendant, witness or expert witness about unsolved difficult problems in the case or controversial issues that need cross-examination in the court investigation stage, a statement of questions should be written first so as to ask questions in the court investigation. After the publication of the defense, the public prosecutor may ask questions in the defense, which may involve facts, evidence and legal provisions. Lawyers should also make an outline and make full preparations in advance to prevent passivity in defense. This is a skill of lawyer's strategic planning. Judging from the practice of defense, lawyers will make many mistakes in the debate. The main reasons are inadequate pre-trial preparation, weak on-the-spot adaptability, nonsense on the spot, unreasonable use of words, illegal use of words, and inevitable "fire." In a word, the preparation before appearing in court is very important for the defense and debate in court, and it should be done carefully. This is the basic skill of lawyers in handling criminal cases. (2) According to the facts and laws, the trial of the defense court is bold and serious, which is an important level of criminal proceedings. Only at this stage can lawyers really play their full role as defenders of criminal cases. This is also an important stage in the implementation of lawyer's defense strategy. 1, further correct the defense attitude and clarify the defense responsibility. When undertaking the defense of any criminal case, lawyers should conscientiously perform their defense duties, which lies in finding out the facts of the case, correctly applying the law, whether the attitude is correct, whether they dare to defend, whether they are good at defending, and whether it is difficult to distinguish between true and false. This is the premise of lawyer's strategy. Some lawyers "go through the motions" in defense for the so-called "cooperation", and some have all kinds of selfish distractions and do not seriously defend; Some are not good at defense because of their poor professional quality and their own conditions. It is precisely because of these circumstances that the improvement of national defense quality and the performance of national defense duties have been seriously affected. As a defense lawyer, no matter what the case is, under the premise of respecting facts and laws, we should not only dare to defend, but also be good at defending, and we should argue truly rather than falsely. Only in this way can we complete the defense task stipulated by law and prevent the occurrence of unjust, false and wrong cases. 2. Actively participate in court investigations. Lawyers should be fully aware of the importance of court investigation when defending. We can't be satisfied with having written a defense and sticking to our original point of view. We should pay special attention to the unclear problems, difficult problems and controversial important circumstances of the case, find out one by one and check the authenticity of the evidence. If a lawyer should assist the court in asking questions, he should ask questions in time, make a new judgment according to the situation investigated by the court, and modify his defense plan and opinions in time.