The main content of defense in criminal cases is the circumstances in which the defendant can be mitigated or exempted from punishment, and the relevant legal provisions. The general situation can be expressed from the defendant's criminal process, family situation and economic situation. In addition, the written defense of criminal cases is more comprehensive and detailed, which is convenient for judges to consult.
First, the criminal case defense words model essay
defend
The presiding judge and judge:
According to the relevant provisions of the Criminal Procedure Law of People's Republic of China (PRC) and the Lawyers Law of People's Republic of China (PRC), xxx Law Firm accepted the entrustment of xxxx Legal Aid Center and appointed me as the defender of XXXX * * * *, and with its consent, I participated in the litigation according to law. Before the trial, we carefully reviewed the indictment and main evidence materials, met the defendant and listened to the court investigation.
(1) If * * * constitutes surrender, the punishment may be given a lighter or mitigated, and it is suggested that the punishment be mitigated. Because the defendant left home for many years and sincerely repented, he surrendered himself after being persuaded by the public security organs, which fully showed the performance of repentance and played a small role in the crime of accomplices. It is suggested to punish him lightly, which can also reflect the characteristics of combining leniency with severity in criminal law and achieve good social effects.
(2) The defendant * * * has obviously minor criminal circumstances, a good guilty attitude, no criminal record and little social harm.
1, the defendant * * * only stood on the lookout outside the door during the whole crime, and did not use any words such as violence, intimidation or threats, nor did he hold a murder weapon, nor did he instigate it by telephone. In addition, through the defendant's confession and the victim's statement, it can be proved that the defendant's criminal circumstances are obviously minor.
2. The defendant * * * has a good attitude of pleading guilty. After being brought to justice, he can truthfully confess his crimes and sincerely repent, indicating that he wants to repent and turn over a new leaf, indicating that the defendant has the determination to turn over a new leaf.
The defendant * * * * has always performed well, and has never violated the laws of the country before and has no criminal record. The defendant has a low education level, lack of legal knowledge and insufficient understanding of the nature of criminal acts. He failed to control himself and embarked on the road of crime. After the defendant * * * came to justice, he also deeply realized the seriousness of his behavior and said that he would repent, which shows that his subjective malignancy is not great. In addition, the defendant * * * did not cause actual damage to the victim. Although the defendant's behavior constitutes a crime, the circumstances of the crime are obviously minor and the social harm is not great, and the punishment can be lightened or mitigated. In this regard, the court is requested to consider it when sentencing.
(3) The defendant * * * is an accessory and a first-time offender, with little subjective malignancy.
In this case, due to the different positions and roles of the defendants, their legal responsibilities should be investigated in different ways. According to Article 27 of China's Criminal Law, an accomplice plays a secondary or auxiliary role in the same crime. According to the facts of this case, let's analyze the position and role of the defendant * * * * in this case. First of all, through the trial, it can be seen that * * * is not the initiator and leader of this robbery; Secondly, the specific division of labor and stepping on the spot were not arranged by the defendant; The murder weapon used in the second robbery was not prepared in advance by * * *, nor was it given to others by him, and he did not carry or hold the murder weapon during the robbery; Thirdly, in the process of robbery, * * * only played the role of lookout, did not directly commit crimes, and did not direct others to commit robbery by telephone or other means; Finally, the defendant did not sell the stolen goods, and the defendant only got a small part of the stolen goods. From the above facts, it is not difficult to see that the defendant * * * participated in the robbery in a subordinate position in this case and played a secondary role in the whole case, so he should be regarded as an accessory. Paragraph 2 of Article 27 of China's Criminal Law stipulates that an accessory shall be given a lighter or mitigated punishment or be exempted from punishment. * * * * * has never violated the laws of the country before, and is a first-time offender. According to the Supreme People's Court's opinions on punishment for first-time offenders, the punishment should be given a lighter or mitigated according to the defendant's subjective malignancy. Please give full consideration to this plot when sentencing.
(4) Judging from the coordination of sentencing in this case, * * should be given a lighter punishment. Compared with * * * *, both defendants have surrendered themselves, but * * * was voluntarily confessed by the judicial organs after drug rehabilitation control, and the defendants surrendered themselves sincerely and repented, and took the initiative to find the public security organs to surrender. There are some differences between the two; In addition, * * * * * belongs to the actor in the crime, and the defendant is in a lookout position, and their roles are also different; In the end, * * * was sentenced to three years by your first instance, so the defender implored that the criminal responsibility of the defendant * * * should be reduced to less than three years from the perspective of coordinated sentencing of the defendants in this case.
(5) family difficulties, his wife divorced him, and two children, one is eleven years old and the other is six years old, need their support. Therefore, we urge your hospital to give him a lighter punishment, so that he can return to his family as soon as possible and assume the responsibility of being a father.
(6) The victim's loss was basically recovered, and the case did not cause physical harm to the victim.
Looking at all the facts of this case, the defendant * * * * is an accessory, a first-time offender with a plot of surrender, and has a good attitude of pleading guilty. The circumstances of the crime are obviously minor, causing no property loss or personal injury, with little social harm and less subjective malignancy. Therefore, I implore the court to adopt the principle of "education first, supplemented by punishment" to alleviate the defendant, so that the criminals can get the punishment they deserve.
The defendant's crime is related to his weak legal concept. I hope the defendant can learn from it, never do anything illegal again, and repent and turn over a new leaf.
The above defense opinions, please refer to the collegial panel for adoption.
Defender: xxx
Second, is it necessary to write the defense in criminal cases?
You don't have to make a written defense, but submitting a written defense will help the judge understand the defense point of view of the defender in more detail and accurately, which is beneficial to the defense. The defense can be submitted immediately after the hearing, or it can be submitted to the court after a period of time.
3. When will the defense of the criminal case be submitted?
The defense can be submitted 10 days before the hearing, but many lawyers will choose to submit it to the judge hearing the case after the hearing.
The above is my detailed introduction to the relevant knowledge of criminal case defense model essay. To sum up, the model essay on criminal case defense should focus on the circumstances of the case and the behavior that can reduce the punishment.