[Self-defense] What is the basic format of defense words?

Defense speech is a speech delivered by the defender to the court to safeguard the legitimate rights and interests of the defendant, a concluding opinion of the defender on the case he is defending, and an important means for the defender to realize his defense function in criminal proceedings. After accepting the entrustment, all the activities carried out by the defender according to law, including studying the indictment, consulting the case file, meeting with the defendant, investigating and collecting evidence, etc., are aimed at comprehensively, deeply and meticulously collecting and analyzing all the evidence materials beneficial to the defendant, and all these work are aimed at preparing the defense. Therefore, writing a good defense is an important job for defenders. The basic requirement for writing a defense is 1. Adhere to the principle of "taking facts as the basis and law as the criterion". The defense must be based on facts, and the facts must not be distorted under any circumstances; The legal provisions quoted in the defense must be accurate, and the law must not be misinterpreted under any circumstances. 2. As a pertinent and refutable legal document, the plea should proceed from safeguarding the legitimate rights and interests of the defendant, and comprehensively put forward the opinions of innocence, lighter or lighter crime, mitigation or exemption of the defendant's criminal responsibility, and cannot turn the plea into an accusation against the defendant. 3. The arguments in the defense should be clear, full and comprehensive, and the key points should be put forward. Rigorous structure and distinct levels; Language should be fluent, accurate and concise, and strive to convince people with reason and emotional people. Organizing a defense debate is a basic viewpoint to defend the defendant and safeguard his legitimate rights and interests on the basis of comprehensive analysis and study of case materials. To write a good defense, we must first establish a defense argument. Because the specific circumstances of each case are different, the defense arguments established are different. Generally speaking, there are several situations to establish a defense argument: 1. If there is no evidence to prove that the criminal facts alleged in the indictment exist, and the behavior of the actor does not constitute a crime, or the criminal facts alleged by the defendant are unclear and the evidence is insufficient, the defendant shall be pleaded not guilty. 2. If the criminal act accused by the defendant in the indictment constitutes a crime, but criminal responsibility should be lightened, mitigated or exempted according to law, a defense of lightening, mitigating or exempting criminal responsibility shall be put forward. 3. If the defendant's behavior has constituted a crime, but he shall not be investigated for criminal responsibility according to Article 15 of the Criminal Procedure Law, he shall make a plea not to be investigated for criminal responsibility. 4. For some cases with unclear facts and insufficient evidence, it can be used as a defense to reduce criminal responsibility. 5. If the facts are clear, the evidence is true and sufficient, but the nature is inaccurate and the law is inappropriately applied, it shall be defended from the nature of the case. The basic format of defense words generally includes three parts: head, body and conclusion. 1. The first part mainly includes three parts, namely the title, the letter to the judge and the preface. The preface should explain: 1. the legality of the defender's appearance in court, that is, entrusted by the defendant or designated by the people's court. In practice, it also shows that it was appointed by the law firm. Secondly, what did the defender do before the trial, such as consulting the case file, meeting the defendant, investigating the case, etc., in order to show the court that his defense opinions are justified. Third, you can also put forward your basic views on handling cases in the preface and briefly describe the court investigation. In this way, you can clearly show your attitude from the beginning, leave a deep impression on people and prepare for entering the article. 2. Body parts. The text includes the reasons and opinions of defense. This part is the core part of the defense words, and it is a comprehensive and systematic demonstration of the defenders' basic views and opinions on the case. It is necessary to focus on expounding and demonstrating the defense viewpoints put forward, make sense by putting facts, cite facts and laws to demonstrate one's views and refute the allegations in the indictment. The specific content varies according to the situation. Generally speaking, the specific content and scope of defense mainly include the following aspects: whether the criminal facts accused in the indictment can be established; Whether the defendant has reached the age of criminal responsibility and whether there are other circumstances that should not be investigated for criminal responsibility; Whether the indictment is accurate in determining the nature of the case and the charges identified, and whether the applicable legal provisions are appropriate; Whether the defendant has a lighter, mitigated or exempted punishment as stipulated by law; Whether there are circumstances that are considered to be lighter or mitigated; Whether there are contradictions between evidence and evidence, and between evidence and defendant's population supply; Whether the defendant is intentional or negligent or accidental subjectively; Whether the defendant's behavior is justifiable defense or emergency avoidance; * * * In the same criminal case, whether the division of principal offender, principal offender, accomplice and coerced accomplice is clear; Whether the proceedings are legal, etc. Some cases need to be defended from several aspects at the same time. 3. concluding remarks. It mainly includes two aspects: one is to summarize his speech and put forward concluding opinions to deepen the impression of the court on his defense views; The second is to give opinions and suggestions to the court on how to convict and sentence the defendant and what provisions of the criminal law apply. The conclusion should be concise and clear, not sloppy and vague. This part should play the role of finishing touch.