Defense words of bigamy crime
Dear judge,
Entrusted by the relatives of the defendant Xxx in this case, xxX Law Firm appointed me as the first-instance defender of the defendant XX. After accepting the entrustment, the defender met with the defendant, consulted all the case files, and participated in today's trial activities according to law. The defender has no objection to accusing the defendant of bigamy. In order to effectively protect the legitimate rights and interests of the defendant, according to the relevant laws and regulations, combined with the trial situation and evidence materials of this case, the following defense opinions are put forward for the court's reference when sentencing.
1. The defender has no objection to the certainty that the public prosecution agency accused the defendant XX of committing bigamy.
Second, in this case, the defendant XXX is actually the real victim.
From the defendant XXX to his hometown in Zhongxian County, the defendant XX was introduced to XXX. After learning that XXX had not divorced her ex-husband, XXX told another defendant in this case that XXX went back to Fuling to handle the divorce formalities with her ex-husband. For details, please refer to page 8 16 of the survey volume. "XXX million asked me to divorce XX, but I haven't divorced XX until now because I have no money." It can be clearly seen that the defendant XXX in this case has no intention of bigamy from beginning to end subjectively, because the defendant XXX was particularly poor at home at that time and has been dragging on until now. Therefore, in this case, the real victim is the defendant XXX.
Three. Defendant XXX has the plot of surrender.
The indictment of XX and XXX by Zhongxian People's Procuratorate (Criminal Procedure Zi [20 10]No. 123) and the surrender certificate of Zhongxian Public Security Bureau prove that the defendant XXX in this case voluntarily came to the case after committing a crime and truthfully confessed his crime, which belongs to surrender. According to the first paragraph of Article 67 of the Criminal Law of People's Republic of China (PRC): "A criminal who surrenders himself may be given a lighter or mitigated punishment. Among them, if the crime is minor, it can be exempted from punishment. "
Fourthly, on the basis of fully considering the discretionary circumstances that can give the defendant XXX a lighter punishment, comprehensively and objectively analyze the criminal behavior of the defendant in this case, and the defendant XXX also has the following lighter circumstances.
1. The defendant's subjective malignancy is relatively small, and his criminal behavior has not caused social harm. Therefore, when sentencing him, we should also fully consider this plot.
2. The defendant has a good attitude of pleading guilty and actively repents. After the defendant was brought to justice, he fully realized his mistake and thoroughly repented. In today's trial, he was able to plead guilty in court and showed a positive attitude of atonement.
3. The defendant has been doing well at home, has not received any administrative or criminal punishment, and is a first-time offender, so he should be given a chance to turn over a new leaf and be given a lighter punishment.
4. According to the specific practical difficulties of the defendant's family, he had three children. The eldest child is now being treated and can't take care of himself. The second child also graduated from primary school and immediately faced the possibility of dropping out of school. The third child is only two years old. At the same time, because the defendant XXX's parents are over 80 years old, his mother has cancer and is about to die. Before the defendant was brought to justice, she kept alive only by her little back in the city.
5. Defendant XXX pleaded guilty voluntarily. According to Article 9 of Several Opinions of the Supreme People's Court, the Supreme People's Procuratorate and the Ministry of Justice on the Application of Summary Procedure in the Trial of Public Prosecution Cases: "If the defendant voluntarily pleads guilty, the people's court shall give him a lighter punishment". We should also consider giving the defendant a lighter punishment as appropriate.
Five, combined with the defendant's reality, it is objectively necessary to apply probation to the defendant XXX.
First of all, the defendant can be declared the statutory conditions of probation. A comprehensive analysis of the defendant's criminal facts and circumstances shows that he is a first-time offender with less subjective malignancy and better performance in pleading guilty and repenting. According to the provisions of Article 72 of China's Criminal Law, the defendant has the legal conditions to apply probation if it is really no longer harmful to society according to the criminal's criminal circumstances and repentance.
Secondly, the defendant has the objective necessity to declare probation. The defendant's family is particularly difficult. His parents are over 80 years old, and his mother has cancer. During this period, the defendant's family really needed someone to support the elderly and die. Therefore, it is objectively necessary to apply probation to the defendant XXXX, and it also meets the requirements of building a harmonious society.
To sum up, according to the subjective fault degree of the defendant XXX in this case, the defendant's surrender, the defendant's consistent performance and the defendant's family situation, combined with the first paragraph of Article 1 of the Opinions on Implementing the Criminal Policy of Combining Leniency with Severity issued by the Supreme People's Court on February 8, 20 10: "To implement the criminal policy of combining leniency with severity, we should treat it differently according to the specific circumstances of the crime. Punish it as a crime, crack down on and isolate the very few, educate, influence and save the majority, minimize social opposition, promote social harmony and stability, and safeguard the long-term stability of the country. " Paragraph 19 of Article 3 stipulates: "Those who commit minor crimes for the first time or occasionally shall be given lenient punishment according to their motives, means, circumstances, consequences and subjective state at the time of committing the crime. First-time offenders and occasional offenders who commit minor crimes may be exempted from criminal punishment; If a punishment should be imposed according to law, non-custodial sentences such as probation or control and single punishment should be applied as far as possible. " The defender suggested that the court fully consider the defendant's criminal circumstances and repentance performance as well as the objective situation of the case, and suggested that the court exempt the defendant XXX from punishment or apply probation for less than one year.
Please accept the above defense opinions, thank you!
Defender: xxx
Xx year xx month xx day
The above are the defense words of bigamy compiled by Bian Xiao, because everyone's situation is unnecessary, so the above defense words are for reference only. If you have related legal disputes at present, I suggest you call the professional lawyers on the 365 lawyer website, and they will help you according to your specific situation.