Presiding judge of collegiate bench: The most regrettable thing in the world is the passing of life. In today's court, the defender deeply regrets the defendant and the victim's improper handling of the collar dispute, and deeply sympathizes with Mr. Duan 1 who died unfortunately in the incident and Mr. Duan 2 who was seriously injured. I still hope that the dead will rest in peace, so will the living! The defender of this case has no objection to the fact and nature of the indictment accusing the defendant Ma Moumou of intentional injury, but according to the evidence of the whole case and today's trial activities, the defender believes that the defendant has the following statutory or discretionary mitigating circumstances in this case. Details are as follows: 1. The defendant Ma Moumou has a simple criminal motive and a shallow subjective malignancy. (1) The defendant's criminal motive. According to the file materials and the court investigation just now ... it can be seen that the defendant Ma Moumou has less subjective malignancy, less social harm and less personal danger. (2) The content of the defendant's intention to commit a crime. Ma Moumou not only didn't catch up and let the casualties happen, but also deliberately prevented and avoided the casualties. Defenders believe that the determination of Ma's subjective intention should be considered from the following points: 1, and the relationship between the defendant Ma and the victim. 2. Reasons for participating in the case. 3. How to use the tools. 4. The defendant attacked the scene. Two, the defendant Ma Moumou's behavior did not directly cause objective damage results. Third, the case was caused by a dispute within the collar, and the victim was at fault to some extent. Fourth, the defendant Ma Moumou surrendered himself after returning to the case and truthfully confessed his crimes; And in this case, it is an accessory. Secondly, it works. In this regard, the indictment recognizes that there is no dispute between the prosecution and the defense. Therefore, the defender will not repeat it, hoping that the court will be given a lighter punishment when sentencing. 5. The defendant Ma Moumou pleaded guilty sincerely and showed obvious repentance. 6. Defendant Ma Moumou is a first-time offender and an occasional offender. He has no criminal record and has always behaved well and abided by the law. Seven, the analysis of the living environment of the defendant Ma Moumou. Therefore, in combination with the above-mentioned statutory or discretionary circumstances, I hope that the court will consider sentencing to fixed-term imprisonment of less than three years and apply probation in line with the principle of "education first, punishment second" and the principle of "suiting crime and punishment". The presiding judge and the judge are advised of the above opinions. I hope that the collegial panel will fully consider and adopt it during the deliberation. I hope this is the only hope! Defender: Lawyer Wang of the law firm.
legal ground
Article 37 of the Criminal Procedure Law is the responsibility of a defender to provide materials and opinions on whether a criminal suspect or defendant is innocent or light, or to reduce or exempt his criminal responsibility according to facts and laws, and to safeguard the litigation rights and other legitimate rights and interests of the criminal suspect or defendant.
Article 38 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.