How to write a defense in court debate is the statement made by the defendant's defender in criminal cases when he defends the defendant's innocence, lighter or less criminal responsibility according to the law and facts.
Format, content and writing
The defense consists of preface, defense reasons and conclusion.
1, preface. Includes five contents.
(1) title. State the defense of XXX (name)
(2) Address forms. In the top case, the presiding judge, jury or presiding judge and judge show their statements to the court personnel.
(3) State the legal basis and responsibility of the defender's defense in court. Generally write who is entrusted as XXX's defender and appears in court to defend the defendant.
(4) Briefly explain the main work done by the defender before the trial. Read documents, meet defendants and investigate in court.
(5) show the basic views on this case. It is mainly the viewpoint that the defendant is innocent, the crime is light or mitigated, and the punishment is lighter.
2. defense reasons. It is the core part of the defense and should be written well. Mainly from the following aspects:
(1) Not guilty. Explain that the charges accused by the public prosecution agency are not established.
(2) How to write the court debate words of private lending _ How to write the court debate words of private lending _ How to write the court debate words. Describe the alleged felony as a misdemeanor.
(3) The crime is minor and the circumstances are well documented. Surrender, meritorious service, excessive defense, minors, accomplices and so on.
(5) Debate on facts. Starting from the facts that can be proved by the evidence, it is concluded that the facts are different from the public prosecution charges, including the plot of the facts.
(6) Debate on the application of law. This case is governed by law and judicial interpretation.
In addition, we can also debate the jurisdiction of the case, the subject of litigation, the limitation of prosecution and other issues. Of course, each case has its own personality, and it should be aimed at the characteristics of the case. If there is a problem with the facts of the case, we should mainly start with the evidence and facts, and should not cover everything.
3. Conclusion. There is a named conclusion. This is a summary. Make a summary of the defense reasons first, and then put forward a conclusion. Finally, use appropriate language to show the end of the defense.
1, the main facts of the argument are. The object of defense is the court personnel, not the defendant or the audience. It is necessary to handle the relationship well to avoid the defendant being happy and the court personnel being disgusted.
2, the correct analysis of private lending court debate case _ how to write the default court debate.
3. Grasp the main points, go straight to the point, highlight the key points, and avoid covering everything. Speak the important part, thoroughly, clearly and completely. The second part, say it directly.
4. The language should be concise, concise and plain. You can use emotional words appropriately, but you can't use sarcastic language, and you can't personally attack the opposing lawyer.
Remarks in the court debate (1) Dear presiding judge and judge,
According to the relevant provisions of China's Civil Procedure Law, the appellee Hou entrusted the lawyer of Yinchuan Branch of Beijing Dacheng Law Firm as his litigation agent in the second instance to participate in litigation activities together with the appellee Gansu No.1 Construction and Installation Engineering Co., Ltd., the appellee Dai and the defendant Ningxia Genyuan Real Estate Development Co., Ltd. During the trial, according to the focus of the dispute between the two parties, the court summarized the following two focuses: 1, whether it is a dispute over a sales contract or a dispute over private lending and the validity of an iou; 2. The original judgment procedure was wrong.
In order to facilitate the court to handle this case objectively and fairly, my agent expressed the following opinions on behalf of the focus of the court debate according to the facts of the case ascertained by the court, the focus of the case summarized by the court and the provisions of laws and regulations:
1. The case involved is a typical private lending dispute, and the loan is true, legal and valid, which reflects the true meaning of both parties. It should be supported and protected by law and recognized by the original judgment. Please continue to recognize.
On April 12, 2008, the appellant Gansu First Installation Engineering Co., Ltd. signed a construction contract with Ningxia Genyuan Real Estate Development Co., Ltd., and the respondent Gansu First Installation Engineering Co., Ltd. undertook the affordable housing project in Yongning County developed by Ningxia Genyuan Real Estate Development Co., Ltd. Subsequently, the appellant Gansu First Installation Engineering Co., Ltd. established the twelfth branch of Gansu First Installation Engineering Co., Ltd. and appointed Dai as the manager of the second branch, responsible for the specific construction of the affordable housing project in Yongning County. When Dai was in charge of the project, he borrowed 400,000 yuan from the plaintiff through the hole and 400,000 yuan from the plaintiff through Li Jin, totaling 800,000 yuan. Subsequently, the appellee Dai took steel worth 654.38+200,000 yuan from the plaintiff. On May 28th, 2008, Dai and the appellee Hou reached an agreement in the process of reconciliation, and issued an iou of 2 million yuan to the appellee Hou, with Kong and Li Jin each guaranteeing 400,000 yuan. Appellee Hou returned the first two IOUs of RMB 400,000 each and the steel IOUs of RMB 654.38+RMB 200,000 to Appellee. In the trial of the original trial, the appellee Dai personally admitted that he wrote the IOU. Where's Dai The name was signed by himself, and the appellant Gansu No.1 Installation Engineering Co., Ltd. also signed an iou? The twelfth branch of Gansu First Installation Engineering Co., Ltd.? The official seal is also recognized.
To sum up, there is a history of 2 million yuan IOUs, which consists of IOUs and arrears. Therefore, the disputes involved in this case are in compliance with the law, and the loan is true, legal and valid, which is the expression of the true meaning of both parties and should be supported and protected by law, and has been recognized by the original judgment. Please continue to recognize.
Two, about the appellant's request for additional guarantor and that the original judgment procedure is wrong.
The agent believes that whether to prosecute two additional guarantors is the right given to the appellee by law, and the appellant does not have this right. The appellee's failure to prosecute the two guarantors fully complies with Article 13 of the Civil Procedure Law of People's Republic of China (PRC)? The parties have the right to dispose of their civil rights and litigation rights within the scope prescribed by law? And article 53 of the Supreme People's Court's Opinions on Several Issues Concerning the Application of the Civil Procedure Law of People's Republic of China (PRC)? If the creditor claims the creditor's rights in the lawsuit brought by the dispute over the guarantee contract, the people's court shall list the guarantor and the guaranteed as the guarantor and the co-defendant; If the creditor only sues the guarantor, the people's court shall notify the guarantor to participate in the lawsuit as the defendant, except that the guarantor shall bear joint and several liability in the guarantee contract; Where the creditor only sues the guarantor, the guarantor can only be listed as the defendant? According to the provisions of the appellee, the idea of adding a guarantor to participate in the litigation has no legal basis and cannot be established. At the same time, just because the appellee doesn't sue two guarantors now doesn't mean that he won't sue the guarantor in the future. If the appellee's creditor's rights cannot be realized, the guarantor will be prosecuted according to law and required to assume the guarantee responsibility.
It can be seen that the appellant's request for additional guarantor to participate in the lawsuit has no legal basis, and on this basis, he thinks that the original judgment procedure is wrong and the appeal has no legal basis and cannot be established. I implore the court not to support it.
To sum up, the agent thinks that the appeal of the appellant Gansu No.1 Construction and Installation Engineering Co., Ltd. lacks factual and legal basis. Facts and reasons? It is also inconsistent with objective facts and lacks effective evidence to prove it; At the same time, the original judgment found that the facts of the case were clear, the evidence was conclusive and sufficient, the applicable law was appropriate, the legal procedures were met, and the judgment was fair. Request the court to uphold the original judgment.
Please refer to the court for the above agency opinions!
Court debate (2) The presiding judge and judges:
We are entrusted by the appellant Wang according to law, and according to the facts and laws of this case, we hereby put forward the following agency opinions:
The first-instance judgment found the facts wrong.
1, first-instance judgment? When the original and the defendant issued this IOU, there was no actual cash exchange between the original and the defendant, but an IOU issued for the cash borrowed from the plaintiff during the defendant's previous cohabitation. During the trial of this case, the defendant denied the specific loan amount, and the plaintiff did not submit relevant evidence to prove it. ? The reason is that it categorically denies the fact that the defendant borrowed 150000 yuan from the plaintiff, which is not in compliance with the law, and there is no evidence to confirm this determination by the court of first instance. According to the rules of evidence? Who advocates, who gives evidence? Principle and Article 2 of the Supreme People's Court's Provisions on Evidence in Civil Proceedings: The parties have the responsibility to provide evidence to prove the facts on which their claims are based or to refute the facts on which the other party's claims are based. If there is no evidence or the evidence is insufficient to prove the facts identified by the parties, the parties with the burden of proof shall bear the adverse consequences. ? Therefore, the defendant denied the fact that he borrowed 150000 yuan from the plaintiff, and should provide relevant evidence to confirm this statement, otherwise, he should bear the legal consequences of failing to provide evidence, and the plaintiff does not need to provide evidence to support it. According to Article 23 of "Several Provisions of the Supreme People's Court on the Reform of Civil Economic Trial Mode", if the evidence presented by one party can't be refuted by the other party, the evidence can be determined according to the whole case. ? Based on this, the court of first instance should recognize the fact that the defendant borrowed 6.5438+0.5 million yuan from the plaintiff.
2. The facts identified in the first-instance judgment are inconsistent and do not conform to the law.
Is there a clear record in the transcript of the first trial? The court shall confirm the relationship between the loan amount and the creditor's rights and debts in the receipt. ? However, the court of first instance found that the fact that the defendant only borrowed 50,000 yuan from the plaintiff in the judgment of first instance had no factual and legal basis, which was inconsistent, that is, the evidence submitted by the plaintiff was confirmed and only recognized.
The defendant was ordered to borrow 50,000 yuan from the plaintiff, according to the provisions of Article 21 of the Supreme People's Court's Several Provisions on Reforming the Civil Economic Trial Mode. If the parties only state their own opinions and cannot provide other relevant evidence, their opinions will not be supported unless they are recognized by the other party. ? The judgment of the court of first instance is puzzling.
3. Looking through the records of the trial transcript of the first instance, the defendant did not mention the fact that he only borrowed 50,000 yuan from the plaintiff in the court investigation and court debate, but the court of first instance determined that the defendant only borrowed 50,000 yuan from the plaintiff according to the contents of the court mediation document recorded in the trial transcript of the first instance, which was inconsistent with the facts and the law. What is the purpose of the trial? Find out the facts and distinguish between right and wrong? , to protect the legitimate rights and interests of the parties, but the court of first instance based on the contents of the mediation agreement not reached by the parties, which obviously violated the rigid provisions and fairness of the law.
To sum up, the facts determined by the judgment of the court of first instance do not conform to the law and violate fairness, and the court of second instance is requested to revoke the original judgment and make a fair judgment.
I am here to convey
Zhangjiajie Intermediate People's Court
Agent: Tian Yingzhi.
Wu Liqun
20xx August 3rd
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