The statement of the parties is the last part of the trial. The parties shall admit or deny the contents of the indictment of the public prosecution organ (procuratorate), or admit or deny some facts. At the end of the statement, you should also show your attitude (if you admit the facts of the crime, you should sincerely repent; Deny it and say what you think).
Article 120 of the Criminal Procedure Law: When an investigator interrogates a criminal suspect, he should first ask whether the criminal suspect has committed a crime, let him state the plea of guilt or innocence, and then ask him questions. A criminal suspect shall truthfully answer the questions of investigators. However, we have the right to refuse to answer questions irrelevant to this case.
When interrogating a criminal suspect, investigators should inform the criminal suspect of his litigation rights and truthfully confess the legal provisions that his crime can be dealt with leniently and pleaded guilty and given a lighter punishment.
Second, whether the statements of the parties can be used as the basis for finalizing the case.
Not necessarily, it should be analyzed in combination with other evidence.
Disputes occur between the parties, who are the first-hand witnesses of the case and know the disputed facts best. However, the outcome of the case has a direct interest with the parties. In order to win the lawsuit and protect their own interests, they usually state the facts that are beneficial to themselves and unfavorable to each other, and may also cover up and distort the facts. Therefore, the people's court should treat the statements of the parties objectively and pay attention to whether there are one-sided and false elements. We can neither blindly believe it nor ignore its function. A comprehensive study and review shall be conducted in combination with the statements of the parties and other evidence of the case. If there is no contradiction between the statements of the parties and other evidence, and the facts stated by the parties are consistent, the statements of the parties may be used as the basis for ascertaining the facts.
Third, the defendant's final statement model essay
Dear presiding judge, judge
I am XXX. In the final statement stage, I want to express my sincere apologies to the victims XXX and XXX. I'm sorry for the physical pain, mental injury and trouble at work caused by my behavior. Please forgive me. Secondly, I apologize to XXX Credit Union and XXX Credit Union. I promise to do my best to pay off the loan I owe. Please forgive me.
In addition, I want to explain my behavior: first of all, I don't want to default on my loan, but because I don't have a mortgage and don't know the law, so I came up with this idea. I know this is wrong, but I think I just need to pay back the money in time. After the loan, because of poor management, I didn't earn any money, and I had a bad habit of spending all my money quickly, so that I couldn't repay it in time. However, I didn't rob, and I never wanted to rob. If I wanted to rob, I wouldn't sign a loan contract. Afterwards, I also asked my father to pay off some debts, because I never thought I could not afford it.
One more thing: I am not a violent person. I didn't cause serious personal injury to others in this incident, because I wouldn't do such a thing, and I dare not do such a thing. I asked the presiding judge if the judges could consider my real thoughts. I have an elderly father to take care of, and I have to work hard to make money and pay my debts. Please give me a chance to correct my mistakes and let me repay the society with my actions.
Thank you.
Defendant: _ _ _ _ _ _
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In all criminal trials, except for the default judgment, the defendant is generally given the opportunity to make a statement. This kind of defendant's statement is generally made after the trial and before the judgment is made, and there is no restriction on the content of the defendant's statement.