When writing the defense, we should pay attention to the following questions:
One is about attitude.
From the perspective of protecting the legitimate rights and interests of the defendant, the defender provides legal advice based on facts and taking the law as the criterion, helping the judicial organs to clarify the case, so as to make a fair judgment and make the defendant get a fair and reasonable judgment.
The second is about the content of defense.
This should be based on different specific cases, highlighting the main points, and not ignoring the primary and secondary points to prevent the main points from being diluted. Some should defend from the fact, some should defend from the applicable law, some should focus on the application of punishment, or should defend from other aspects. No matter from what aspect, we should highlight the key points. Whether the defense is well written lies not in the length, but in whether the opinions put forward are clear and based on facts and laws.
The third is about the format of the defense.
The defense is divided into three parts: preface, reason and conclusion. The preface should explain the legal status and tasks of the defender in the court, explain the activities before the court session and the basic views on the case. The reasons should be based on the circumstances and conditions that can be lightened, mitigated or exempted from punishment. In the conclusion part, it is necessary to make concluding comments so that court members can understand the basic points of the defense. Here are some examples.
defend
The presiding judge and the people's jurors:
According to Article 32 1 (1) of the Criminal Procedure Law of People's Republic of China (PRC) and Article 25 (3) of the Lawyers Law of People's Republic of China (PRC), xx Law Firm accepted the entrustment of Li xx, the father of the defendant Li xx, and appointed me as the defender of the defendant Li xx. With the consent of the defendant,
Before the trial, I consulted the case file and met the defendant. Upon the defendant's application and the defender's request, our hospital sent the victim Wang xx's injury to the forensic doctor of the first-level court for re-appraisal, and the conclusion was that he was slightly injured at the second level. We appreciate the court's practice of respecting the litigation rights of defendants and their defenders and handling cases in strict accordance with the law. After listening to the court investigation today, I have a comprehensive understanding of the case. We believe that the facts of this case are clear, the evidence is conclusive and the trial procedure is legal. Now we only put forward the following opinions on the punishment of the defendant Li xx:
1. In this case, both the defendant and the victim were workers in the same factory. After drinking with each other, they both quarreled and fought over a trivial matter, causing undue harm to the victim. Considering that both sides are workers in the same factory, and the case happened in the factory, the impact on the social order in autumn is not very wide, and the degree of harm is not very great, so it is not a particularly serious malignant injury case. Therefore, asking the court for punishment should be different from serious and bad injury cases in society.
Second, this injury case happened because the victim Wang xx falsely accused the defendant of spitting dirt on him. The victim also fully admitted this. According to the victim, after drinking with the defendant and other five people, he found something on his back and asked people around him, but no one admitted that he vomited. The victim thought that the defendant Li XX vomited, so he questioned the defendant: "You are really outrageous, how dirty you spit on me!" The defendant denied it. The victim actually said with certainty: "If others can't vomit, you will vomit!" "This angered the defendant. The defendant was angry because of being falsely accused, and only in this case did he quarrel and fight with the victim, causing minor injuries to the victim. Facts have proved that if the victim had not falsely accused the defendant, the injury case would not have happened and the defendant would not have harmed the victim. Besides, up to now, I don't know who vomited dirty things on the victim's back, and no one can prove that it is the defendant. Therefore, the victim's unwarranted accusations are the responsibility for this case. Please ask the court to consider this important factor when sentencing and dealing with economic loss compensation.
3. During the trial, the defendant Li XX confessed to the criminal facts of hurting the victim, with a good attitude of pleading guilty, and has compensated the victim for all economic losses. This shows that the defendant has shown remorse. The above three opinions should be considered by the court when sentencing, and the defendant Li XX should be given a lighter punishment.
Wang XX, lawyer of Bian Hu XX Law Firm.
XXXX year x month x day
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