Wang is a female employee of a company, and she is very beautiful. Wu Mou, the director of her department, is morally corrupt. She touched the king many times and even forced him to do degrading behavior by violence. The king couldn't bear it any longer and took the case to court. As a defendant, how should Wu Mou write a criminal defense?
The lawyer answered the question.
The purpose of criminal defense is to equally protect the legitimate rights and interests of every citizen, including those accused of crimes. According to the law, the defendant can also refute the private prosecution case filed by the victim to show that he has not committed a crime or the circumstances are minor. Accordingly, the documents submitted by the defendant to the court belong to criminal defense. Criminal defense generally includes the following contents: (1) Part I: The title is "Criminal indictment". Basic information of the respondent: specify the respondent's name, gender, date of birth, nationality, occupation, work unit, position and address, etc. If the respondent is a person without legal capacity, the name, gender, date of birth, nationality, occupation, work unit and position, address of legal representative and relationship with the respondent shall be stated after the project; If the respondent is a legal person or other organization, it shall indicate its name and address, and the name and position of its legal representative (or principal responsible person). If the respondent entrusts a lawyer to represent the lawsuit, the name of the agent and the name of the law firm where the agent is located shall be stated after this item. (2) defense reasons: clearly state that the respondent defended the XXX case. (3) Facts and reasons for defense: rebutting and defending the claims of the other party and the facts and reasons on which they are based. The respondent mainly defends the facts, reasons, evidence and claims of the other party from the substantive aspect, and denies all or part of the facts and evidence on which it is based, thus denying its reasons and claims. That is to say, according to the factual evidence and legal provisions, the false, fabricated or illegal allegations in the prosecution of prosecutors are refuted one by one. In the defense, the name, quantity, source or clue of the evidence shall be stated. If there is a witness, the name and address of the witness shall be stated. (4) Tail and accessories: The tail includes the name sent to the people's court, the signature of the respondent and the reply time; The annex shall mainly indicate the number of copies of the defense and relevant evidence.
In this case, Wu Mou can refer to the following format when writing criminal defense:
Criminal defense
Respondent: Wu Mou, male, was born on, and was born on.
Because Wang sued me for insulting his person, my defense is as follows:
1. Wang said that I touched him in the office and even forced Wang to do degrading actions by violence. There is no such thing. The offices of our company are all separated by large glass, which is transparent. Everything inside can be seen outside. My office doesn't even have curtains. If I do anything wrong to Wang, people outside will surely see it.
Second, the respondents especially pointed out that Wang had an unhealthy life style. Wang is narcissistic about his beauty and wants to seduce the rich. When he worked in the last company (XXX company), he seduced many senior and middle-level cadres in the company, so he was fired. Before Wang came to work in our company, he vowed to work hard and turn over a new leaf. However, after he came to our company, his style was still very unruly, his clothes were very exposed, his dress was also very enchanting, and he was very unruly about the actions and eyes of the company leaders.
Therefore, the respondent requested the court to find out the relevant facts, refused to support Wang's claim and made a fair judgment.
I am here to convey
Xxxx District People's Court of xx City
Defendant: Wu Mou.
* * * * Year * * Month * * Day
Attachment: copy of the defense.
Xx other supporting documents
Legal link
Criminal Procedure Law of the People's Republic of China
Article 206 A people's court may mediate a case of private prosecution. Before the verdict is pronounced, the private prosecutor may reconcile with the defendant or withdraw the private prosecution. Mediation is not applicable to cases specified in Item 3 of Article 204 of this Law.
The time limit for the people's court to hear a case of private prosecution, and if the defendant is detained, the provisions of the first and second paragraphs of Article 202 of this Law shall apply; Those who are not in custody shall be sentenced within six months after accepting the case.
Article 207 A defendant in a case of private prosecution may file a counterclaim against the private prosecutor during the proceedings. Counterclaim is subject to the provisions of private prosecution.
Collection of cases
Only some cases of private prosecution, such as insult, slander, abuse, abandonment of family members, etc., can defend the private prosecutor. Other serious criminal offences are investigated by public security and procuratorial organs, and the defendant can defend himself without defending.