What is the basic format of the confession and repentance book and the mitigation book?
1. What's the basic format of the confession, repentance and reprieve? Criminal defense word format 1, header. The title should be written in the first line. 2, the text. In the specific production of court defense, it is divided into two paragraphs. (1) Explain to the court the basis for exercising the right of court defense. Second, explain to the court the basis of the defense's speech. Third, briefly but clearly summarize the defender's basic views on the case. (2) Defend the accuser's determination of criminal facts. Second, defend from the aspect of law application. Third, defend from a rational perspective. There are three main contents: first, affirm the legal status of defenders; The second is to talk about what the defender did before appearing in court; The third is to talk about the defender's basic views on the whole case. Defense reason: it is the core content of defense words. The main purpose of the defender's explanation is to safeguard the legitimate rights and interests of the defendant. Based on the facts of the defendant's behavior and the relevant laws and regulations, we should demonstrate the opinions and basis that the defendant is innocent, the crime is light or the criminal responsibility should be reduced or even exempted. Therefore, it is usually necessary to debate whether it constitutes a crime, what kind of charges it belongs to, the legal conditions for lenient punishment, and whether the proceedings are legal. Conclusion: It is the induction and summary of the defense words. One boat talks about two contents: one is the central point of the defense; The second is to put forward suggestions to the court on the handling of the defendant. Defender: year, month, day, month, day. What are the conditions for probation? (1) A criminal sentenced to fixed-term imprisonment of not more than three years or criminal detention. As long as the term of imprisonment is not criminal detention, or the term of fixed-term imprisonment exceeds three years, it does not meet the conditions for probation and cannot be applied. This is the objective condition of probation. (2) Whether the criminal shows real repentance depends on whether the criminal shows real repentance and whether he sincerely repents and turns over a new leaf. Only when he truly repents and turns over a new leaf can probation be applied. The defendant is deaf-mute, blind, or other disabled people who have lost their ability to harm society because of self-defense or emergency avoidance. Stop the crime, voluntarily surrender after committing the crime, voluntarily confess the criminal facts that the judicial organs have not yet mastered, voluntarily report and expose others' crimes, or provide the main clues to solve other major cases, or confess the criminal facts after being arrested and brought to justice. Having a full understanding of the social harm of one's criminal behavior, sincerely expressing repentance and turning over a new leaf, and sincerely saying that it will not harm society in the future should all be regarded as true repentance and meet the subjective conditions for applying probation. (3) According to the defendant's criminal circumstances, the application of probation will not harm the society, which is also the most difficult factor to grasp in practice. Whether the probation can harm the society should be comprehensively analyzed and judged. Mainly grasp the following aspects: whether the criminal's criminal motive is despicable, whether the criminal means is cruel and treacherous, whether it is an occasional offender, a first-time offender or a recidivist, etc. And whether it is easy to reform, and judge the social harmfulness of the crime according to whether it is in the position of principal, accessory and coerced accessory in the same crime and the understanding of the harmful consequences after the crime. Only when the comprehensive analysis really believes that the application of probation will not harm the society again can probation be declared. This can be called the social condition of probation. (4) The offender shall not be a recidivist. According to Article 74 of the Criminal Law, probation is not applicable to recidivists. This is because recidivists who have received criminal punishment still do not repent and commit crimes again within a short time after being released or pardoned, which is enough to show that the bad habits of such criminals are hard to change. Even if they refuse to change their education, they are very dangerous and it is difficult to prevent them from endangering society again. This is also the object condition of probation. It should be said that the content in the text of the defense words exactly reflects the defense level of the defense lawyer, because the defense words must combine the cause and effect of the case and the lawyer's own views on the whole case. It can be said that in the same case, the content of defense words submitted by different lawyers may be completely different, but the format of defense words can be easily understood, but no criminal suspect has written defense words himself.