Zhang was prosecuted according to law for alleged theft. Zhang thought that he was not the principal offender and was afraid that he could not fully protect his legitimate rights and interests in court, so he entrusted lawyer Liu Moumou to defend him. Zuowei Liu Zhang's defender, if he wants to defend Zhang in mitigating criminal punishment, how should he write a defense?
The lawyer answered the question.
Criminal defense words are the defense opinions that defenders express to the court in order to perform their duties and safeguard the legitimate rights and interests of defendants in criminal proceedings in accordance with legal procedures. The right to defense is a basic right of criminal suspects and defendants, and it is also a basic constitutional right. Those who are investigated for criminal responsibility by judicial organs have the right to plead and argue about the accused crime, such as innocence, light crime, mitigated punishment or exemption from punishment. Criminal defense words generally include the following contents: (1) Title: The first line should be marked with a title. The title can be "presiding judge, judge and people's jury". The preface mainly states that the defender defends according to law and has the right to defend the defendant in court, explaining what he did before appearing in court, the source of the defense content and the defender's views on the whole case. (2) Text: This part mainly states the reasons and opinions of the defense. The defender shall, starting from the facts of the defendant's behavior and comparing with the relevant laws and regulations, demonstrate the opinions and basis that the defendant is innocent, the crime is light or the criminal responsibility should be reduced or even exempted. (3) Conclusion: This part is induction and summary. Summarize the core of defense content such as innocence and light crime. The other is to put forward suggestions to the court on the handling of the defendant. (4) At the end: indicate the name of the defender and the time when the defense was issued.
In this case, Zhang Can referred to the following format when writing the defense:
Criminal defense words
The presiding judge, judges and people's jurors:
According to Articles 35 and 36 of the Criminal Procedure Law of People's Republic of China (PRC) and Article 25 of the Lawyers Law of People's Republic of China (PRC), the defendant Zhang's behavior in this law firm has constituted theft, but the punishment should be mitigated. The following defense opinions are put forward on the sentencing of Zhao's theft case:
1. The defendant is a minor. According to Article 17 of the Criminal Law of People's Republic of China (PRC), a person who has reached the age of 14 but under the age of 18 commits a crime shall be given a lighter or mitigated punishment. At the same time, according to the provisions of the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Juvenile Criminal Cases, we can fully see that in dealing with juvenile crimes, we should fully consider whether it is conducive to the education and correction of juvenile criminals in line with the principle of "education first, supplemented by punishment".
According to the investigation of this defender, the defendant expressed regret for his criminal behavior, deeply reflected on his behavior, and requested the court to reduce the punishment of the defendant.
Second, judging from the defendant's role in the whole criminal act, the defendant played the role of lookout and did not enter a factory for theft. It can be said that he is an accessory, and his behavior conforms to the provisions of Article 27 of the Criminal Law of People's Republic of China (PRC), that is, he plays a secondary or auxiliary role in the same crime. According to the criminal law, an accessory should be given a lighter, mitigated or exempted punishment.
Third, the defendant is not subjective and malicious. Being able to confess one's crime voluntarily after committing a crime is a good attitude of pleading guilty and asking for a lighter punishment.
To sum up, the defendant Zhao was under the age of 18 when he committed the crime, and he was a minor, and he was always an accessory in the whole * * * crime. After the incident, he pleaded guilty with a good attitude and did not have subjective malignancy. He asked the court to reduce the criminal punishment of the defendant Zhao when sentencing.
Please consider the above defense opinions.
Defender: Liu Moumou
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Criminal Procedure Law of the People's Republic of China
Article 35 A defender shall, according to facts and laws, put forward materials and opinions on the innocence, light crime or reduction or exemption of criminal responsibility of a criminal suspect or defendant, and safeguard the litigation rights and other legitimate rights and interests of the criminal suspect or defendant.
Article 36 A defense lawyer may provide legal aid to a criminal suspect during investigation; Acting as an agent for complaints and accusations; Apply for changing compulsory measures; Ask the investigation organ about the crimes and cases suspected by the criminal suspect, and put forward opinions.
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The right to defense is a basic right of criminal suspects and defendants, and it is also a basic constitutional right. Anyone who is investigated for criminal responsibility by judicial organs has the right to defend and debate the accused crime, such as innocence, light crime, mitigated punishment or exemption from punishment.