Format of defense opinion

(1) The preface mainly includes three parts, namely, the title, the speech to the judges and the preface. The preface should explain, first, the legality of the defender's appearance in court, that is, whether he is entrusted by the defendant or appointed by the legal aid agency. In practice, it also explains which law firm appointed it. Secondly, what did the defender do before the trial, such as consulting the case file, meeting the defendant, investigating the case, etc., in order to show the court that his defense opinions are justified. Third, you can also put forward your basic views on handling cases in the preface and briefly describe the court investigation. In this way, you can clearly show your attitude from the beginning, leave a deep impression on people and prepare for entering the article. (2) The text, including the reasons and opinions of the defense, is the core part of the defense. Generally, it mainly includes the following aspects: whether the criminal facts accused in the indictment can be established; Whether the defendant has reached the age of criminal responsibility and whether there are other circumstances that should not be investigated for criminal responsibility; Whether the indictment is accurate in determining the nature of the case and the charges identified, and whether the applicable legal provisions are appropriate; Whether the defendant has a lighter, mitigated or exempted punishment as stipulated by law; Whether there are circumstances that are considered to be lighter or mitigated; Whether there are contradictions between evidence and evidence, and between evidence and defendant's population supply; Whether the defendant is intentional or negligent or accidental subjectively; Whether the defendant's behavior is justifiable defense or emergency avoidance; * * * In the same criminal case, whether the division of principal offender, principal offender, accomplice and coerced accomplice is clear; Whether the proceedings are legal, etc. Some situations need to be defended from the above aspects at the same time. (3) The conclusion mainly includes two aspects: one is to summarize his speech and put forward concluding opinions to deepen the impression of the court on his defense views; The second is to give opinions and suggestions to the court on how to convict and sentence the defendant and what provisions of the criminal law apply. Specific defense opinions play an important role in promoting the trial of the case. The parties need to learn to operate reasonably and minimize the loss of interests caused by their own mistakes, but they need more evidence. Therefore, the collection of relevant information requires the parties to pay attention to details, completeness and sufficiency, which will directly affect the outcome of the matter.