Intentional homicide defense

Any criminal offense, the criminal defense attorney will almost always submit a corresponding defense statement to the court, from the evidence and scene investigation, to explain their own views, to help the suspect to carry out the mitigation or even innocence of the defense. The following intentional homicide defense statement is for reference only. Defense statement Honorable judge, judge: Henan huarong law firm accepted zhengzhou city legal aid center assigned, assigned us to serve as a defendant suspected of intentional homicide of Zhou moumou of the first trial defender. Now, according to the facts and relevant legal provisions, we express the following defense opinions: Before expressing our defense opinions, please allow us to express our deep sorrow to the victim, and express our great sympathy and condolences to the victim's relatives. The defense does not object to the accusation of the public prosecution authority that the defendant has committed the crime of intentional homicide, and believes that the accusation of the public prosecution authority is accurately characterized and the applicable law is correct. However, according to the relevant provisions of the Lawyers Law and the Criminal Procedure Law, it is the duty of the defense to prove the innocence, misdemeanor, mitigation and exemption of the defendant from punishment based on the facts and the law, and to safeguard the defendant's lawful rights and interests, and the following special circumstances exist in the present case. Some special circumstances are brought to the attention of the Full Court for full consideration when convicting and sentencing. I. The Defendant's crime was a murder committed in the heat of passion, and the subjective intent was indirect. 1. The Defendant committed the crime of murder in the heat of passion. The defendant and the victim began to live together in 2002 *** living together until the murder, up to six years, during this period, the two sides as a loving couple, never had any conflict. In the evening of the day of the crime, the victim received a phone call from Chen Moumou, had to go out, the defendant learned that it was the victim's boyfriend Chen Moumou, did not want him to go out, but the victim said that he had to go out, but the victim Kang Moumou not only did not listen to the defendant's words, but also said: "had to go out, either to let me go out or strangled me to death," the victim This inappropriate way of speaking, stimulated the defendant, causing the defendant to take the excessive behavior, therefore, the defense that the defendant this crime is a murder of passion. 2. When the defendant committed the murder, his subjective intent was indirect. From the defendant's statement to the public security organs, the defendant had the idea that if she died, I would not live. Afterward, the defendant took a large amount of sleeping pills to end his life. Subjectively, the defendant did not actively pursue the victim's death, but rather had a laissez-faire attitude towards the victim's death. Therefore, the defense believes that the defendant subjectively belongs to the indirect intent. The defendant this crime belongs to passionate murder, and the subjective is indirectly intentional, please the collegial court in the sentencing, and those premeditated, subjective is direct intentional intentional homicide of the defendant to make a difference, in the sentencing to give a lighter punishment. II. The victim was at fault in this case. The victim and the defendant *** live together for more than six years, both parties have good feelings, and get the permission of both family members, ready to get married, at this time, the victim and Chen Moumou have emotional come and go, resulting in the occurrence of the case, the victim's fault is to lead to the occurrence of the case of the direct fuse, the victim of the occurrence of the case has a certain degree of fault. According to the Supreme People's Court's Summary of the Work Conference on Maintaining Rural Stability in Criminal Trials of the National Courts, "for intentional homicide crimes triggered by the aggravation of civil conflicts such as matrimonial and family disputes and neighborhood disputes, the application of the death penalty must be prudent, and should be differentiated from other intentional homicide crimes that seriously endanger the public order in the society. Where the victim is clearly at fault or directly responsible for the intensification of the conflict, or where the defendant has statutory punishment, the death penalty should not normally be imposed for immediate execution." Although the defendant and the victim in this case is not a husband and wife relationship, but because in together *** living together for six or seven years, and marriage and family conflicts in the essence of the essence is not different, the two sides, in addition to not for the marriage registration formalities in other such as emotional, economic, social interaction and other issues are not essentially different. It is therefore hoped that the court will take this circumstance into account in determining the sentence and give the defendant a lighter penalty. III. The defendant pleaded guilty with a good attitude. Defendant Zhou Moumou repentance is very good attitude, the court is willing to plead guilty to the law. From Zhou moumou killed Kang moumou, want to fear crime suicide, also implemented the act of suicide, only due to accidental reasons did not die, fully reflects the defendant Zhou moumou's subjective malignancy is not big and positive repentance performance. At the same time, after the crime, the defendant Zhou Moumou a strong ideological struggle, but also to his brother text message want to go to surrender, but not yet wait to go to surrender to the public security organs, after being arrested, successive several interrogation statements are truthful, complete confession of their own criminal behavior, and there is no concealment. This was also recognized in the public prosecutor's opinion. The court is therefore expected to take full account of this circumstance and, where appropriate, to impose a lighter penalty. IV. The defendant has not previously been subject to any legal sanction, has always behaved well, and is a first-time or occasional offender. According to the public security organs of the investigation report and the defendant Zhou Moumou's capture, the defendant Zhou Moumou had no previous criminal record, no previous convictions, no involvement in any cults, no participation in any illegal and criminal activities, belong to the first time offenders, occasional offenders; At the same time, in the capture of the defendant, the defendant has always been to cooperate with, no refusal, obstruction, resistance, escape and other behavior. I hope that the court will take into account this circumstance when sentencing, and punish the defendant leniently as appropriate. Fifth, in this case, the defendant's uncle provided effective clues to the investigators, thus enabling the public security organs to successfully capture the defendant's circumstances, saving the time and energy of the investigating organs, and playing a positive role in the investigation of this case as well as the defendant's arrival. As the defendant's immediate family members from the perspective of human ethics, to withstand tremendous psychological pressure, under pressure still choose to provide clues to the investigating authorities, in addition to the support and cooperation of the judicial work, there are also for the offender to reduce the culpability of the hope that their lighter penalties for the quid pro quo requirements of the mentality. Therefore, this kind of offender's relatives to assist in arrest behavior and the general public to assist in arrest is different, although can not be recognized as the defendant for the surrender, according to previous cases, in the sentencing should be based on the specific circumstances of the case should be given discretionary lighter penalties. Sixth, the defendant's family has an elderly father of 73 years old and a mother of 70 years old, and a son who has just turned 10 years old, all of which are in special need of the defendant to support and raise, in view of such circumstances, I hope the court can give a lighter punishment, so that he can return to society as soon as possible, return to the family, for his elderly parents of more than 70 years old, and to raise his son who has not yet reached adulthood to grow up to be a man. In summary, the defendant committed a criminal act, resulting in the death of the victim's serious consequences, should be severely punished by law. But according to the defendant Zhou Moumou crime causes and subjective psychology, the victim's fault, and the defendant has other special circumstances, I hope the court can be lenient punishment, so that he returned to society as soon as possible, to their own practical action to return to society, return home to his parents and son, to be a useful person to society. Thank you! Defender: Henan Huarong Law Firm Liu Fu Lawyer February 22, 2009 The defense speech about criminal offenses is usually made by the commissioned criminal defense lawyers or legal aid lawyers. Lawyers can put forward their own views in the defense statement, of course, also from the actual and evidence of punishment, I hope the court can be lighter or reduce the punishment of the suspect and so on.