(1) title. You can write "defense words about XXX (person) case" (2) Preface. Explain the legal status of defenders. At the same time, briefly explain what the defender did beforehand, such as consulting the case file, understanding the case, meeting or communicating with the defendant in custody, etc. (mostly limited to lawyers). At the end of the preface, the basic views of the defender on this case can be summarized. If you think that the criminal facts accused by the public prosecution agency against the defendant cannot be established, or the conviction is improper, and so on. (3) defense reasons. This is the main part of the "defense word", which puts forward the defense reasons from the fact, the law and the defendant's guilty attitude. Specifically, the defense reasons can be put forward from the aspects of analyzing whether the defendant's criminal facts put forward by the public prosecutor can be established; Or use the law to express opinions on conviction and sentencing, and express opinions on the charges raised in the indictment; The attitude of pleading guilty is mainly based on the party's policy of "confessing leniency and resisting strictness", and puts forward the reasons for leniency. (4) the end. Summarize the defense reasons and put forward sentencing suggestions to the defendant. (5) State the name of the defender and indicate the specific date.
legal ground
Article 134 of the Criminal Procedure Law of People's Republic of China (PRC) stipulates: "The people's court of second instance shall conduct a comprehensive review of the facts ascertained in the judgment of first instance and the applicable laws, and shall not be limited by the scope of appeal or protest." "* * If only some defendants appeal in the same criminal case, the whole case shall be examined and handled together."