There are three main contents: first, affirm the legal status of defenders; It's about what the defender did before appearing in court; The third is to talk about the defender's basic views on the whole case.
2. Defense reasons
Is the core content of the defense. The main purpose of the defender's explanation is to safeguard the legitimate rights and interests of the defendant. Based on the facts of the defendant's behavior and the relevant laws and regulations, we should demonstrate the opinions and basis that the defendant is innocent, the crime is light or the criminal responsibility should be reduced or even exempted.
Therefore, it is usually necessary to debate and discuss whether it constitutes a crime, what kind of charges it belongs to, whether it has the legal conditions for a lighter punishment, and whether the proceedings are legal.
3. Concluding remarks
It is an induction and summary of the defense words. Generally speaking, there are two contents: one is the central point of the defense word; The second is to put forward suggestions to the court on the handling of the defendant.
Second, how to write a good defense in the civil litigation court?
1, good at summarizing accurately and finding out the legal reasons for defense.
Article 35 of China's new Criminal Procedure Law stipulates: "The defender's responsibility is to put forward materials and opinions that the criminal suspect and defendant are innocent, light or relieved of criminal responsibility according to facts and laws, and safeguard the litigation rights and other legitimate rights and interests of the criminal suspect and defendant."
Article 31 of the Lawyers Law stipulates that "when a lawyer acts as a defender, he shall, according to facts and laws, put forward materials and opinions that the criminal suspect or defendant is innocent, the crime is light or his criminal responsibility is reduced or exempted, and safeguard the legitimate rights and interests of the criminal suspect or defendant." Therefore, according to the above-mentioned legal provisions, the legal reasons for lawyers' defense mainly include the following four categories.
2. Don't ignore the discretionary circumstances that are beneficial to the defendant.
Compared with statutory circumstances, discretionary circumstances refer to circumstances that are not expressly stipulated by law, but can be considered as a lighter or mitigated punishment for the defendant according to jurisprudence and judicial practice.
With the general improvement of the quality of public prosecutors, the level of prosecution and accusation is getting higher and higher, and some people even regard it as a battle to declare war on criminals.
For some legal situations that can or should be given a lighter or mitigated punishment, such as being under 18 years old, being an accessory, having rendered meritorious service, etc. Indictment and indictment can generally be objectively identified, and the public prosecutor also took the opportunity to present the case to the court before the lawyer spoke in the court debate stage, which tends to prevent the lawyer from being a "good person" alone.
Many lawyers feel more and more that the prosecutor should say the legal circumstances that are beneficial to the defendant first, and lawyers have nothing to say in court except "thank you" to the prosecutor.
Actually, I don't think so. In case of the above situation, I can simply acknowledge the statutory plot in favor of the defendant announced by the prosecutor (but don't say "thank you" to the prosecutor), and free up more defense time and space to say more discretionary plots in favor of the defendant.
To sum up, in the trial stage, the defendant or the defendant's agent needs to submit arguments to the court, explain their reasons, and make a defense to reduce civil liability. The format of the debate words in the civil litigation court includes three parts: preface, defense reason and ending, in which the defense reason is the text and needs to be highlighted.
We should proceed from the facts of the defendant's behavior and combine the existing legal provisions to strive for the legitimate interests of the defendant as much as possible.
Extended data
1, the trial of the case, which mainly plays an opening role. Its contents should be summarized as follows: In case of dispute between XXX and XXX,
During the trial of this case, under the auspices of the court, both parties presented evidence, cross-examined and argued in court according to their own opinions and reasons, and stated their final opinions. Due to the great differences between the two sides, the court adjourned and deliberated, and now the judgment is as follows ... to show the procedural legitimacy of the trial activities.
2, the facts of the case, mainly refers to the facts identified by the court after trial and adjournment. Mainly in view of the focus of the dispute between the two sides, the evidence cited in their respective claims is reviewed and judged to determine its evidence validity and whether it is adopted, so as to briefly summarize and identify the facts of the case disputed by both sides.
3. Reasons for judgment: mainly to judge the merits of the case and clarify the civil legal responsibilities that should be borne. Applicable relevant laws and regulations.
4, the referee results, according to the confirmation, change, payment and other different types of complaints to make substantive judgments.
5, legal effect, mainly a brief description of the time of receipt of the judgment document, the appeal period, and the legal consequences after the judgment takes effect.
Baidu Encyclopedia-Judgment