Dear presiding judge and judge,
According to the provisions of the Criminal Procedure Law of People's Republic of China (PRC), Hubei xx Law Firm accepted the entrustment of the family of the defendant Wang xx, and with the consent of the defendant Wang xx, appointed lawyer xxx as the defender of the defendant Wang xx. The defender consulted the case file before the trial and met the defendant several times. After court investigation, the facts of the case are clear. According to the facts and laws of this case, I hereby express the following defense opinions: The defender has no objection to the accusation that the defendant Cong Wang's behavior is a crime and should be investigated for criminal responsibility, but thinks that the defendant Cong Wang's behavior should be a crime of stirring up trouble, with statutory and discretionary circumstances of lighter punishment, and requests the collegial panel to consider it when sentencing the defendant Kong xx. The defense opinions based on facts and laws are as follows:
1. The defendant's behavior was found guilty of stirring up trouble.
20xx115: 001October 7th, the defendant Wang xx took part in a fight out of friendship, coupled with weak legal knowledge and ignorance, after the other two defendants Hu xx and Kong xx had feelings with the two victims. In the process of fighting, the three defendants * * * caused two victims to be injured, both of them were slightly injured, and * * * destroyed the car, resulting in a loss of 9873 yuan. According to the relevant provisions of China's criminal law, they constitute criminals.
Judging from the subjective factors of the defendant Wang xx, there was no intentional destruction of other people's property. They're just looking for two victims to discuss a statement. After the two sides disagreed, both sides moved. It is impossible to find out who took the first action. )
Defenders believe that the defendant Wang Congcong has no intention of possessing other people's property, and his behavior of participating in a fight out of friendship should conform to the criminal characteristics of the crime of stirring up trouble.
The crime of stirring up trouble refers to acts that disturb social order and have serious circumstances, such as randomly stirring up trouble, stirring up trouble, and stirring up trouble. In this case, the actions of the defendant Wang xx and others actually violated social order, not other people's property ownership. Imagine that the defendants are all young people fighting over trifles. Such an environment is the same as the environment in which the crime of provoking trouble occurs.
Second, the victim was at fault in the whole case.
The indictment No.54 (20 1 1) of the People's Procuratorate of xx District of xx City alleges that the defendant Wang xx had a traffic accident conflict with others because of his friends, and the victims beat each other because of verbal discord. There are many factors for the defendant Wang xx to embark on the road of crime. The law should make a negative evaluation of his behavior, investigate his criminal responsibility and realize the purpose of punishment. However, while evaluating the defendant Wang xx's behavior, we must see that although the victim is the victim of the defendant Wang xx and others' criminal behavior, he himself bears unshirkable responsibility for the occurrence of the whole case. In the process of the occurrence and development of the whole case, although the defendant Wang xx needs to bear criminal responsibility for his actions, from the cause and effect of the whole case, the victim also has certain faults, which is obviously the inducement of the defendant's crime.
With regard to the influence of the victim's fault on the sentencing of criminal cases, although the current criminal law and relevant judicial interpretations are not clearly defined, the Supreme People's Court once pointed out in the Minutes of the Symposium of National Courts on Maintaining Rural Stability19X65438 released on October 27th: "Whether the crime of intentional homicide is sentenced to death depends not only on whether it leads to the death of the victim, but also on the comprehensive consideration of the case. If the victim has obvious faults or is directly responsible for the intensification of contradictions, or the defendant has a statutory lighter punishment, the death penalty should generally not be sentenced to immediate execution. " Defenders believe that the victim's fault is the defendant's discretionary circumstances in the trial of criminal violent crimes. The legislative spirit of the Supreme People's Court's above judicial interpretation should also be reflected in this case. The victim's fault and the defendant's behavior are the unity of opposites. If there were no fault of the victim, perhaps the whole case would not have happened. When the defendant Wang xx was punished by law and investigated for criminal responsibility, the victim's fault was the inducement of the defendant's crime. Therefore, when the defendant Wang Cong is investigated for criminal responsibility, he should be given a lighter punishment, which also reflects the basic principle that the criminal law of our country stipulates that the crime and punishment should be adapted.
Third, the defendant's donation behavior during the Yushu earthquake in 20xx reflected its subjective malignancy.
Defendant Wang xx has no criminal record and is a first-time offender. Because there is only junior high school culture, weak legal concept, careless making friends and out of teenagers' loyalty, good face and impulsive love, they finally embarked on the road of crime.
4. Defendant Wang Cong is a first-time offender and an occasional offender. He has pleaded guilty and repented, and his subjective malignancy is not great, and he has the circumstances of discretionary lighter punishment.
Defendant Wang xx has not received criminal punishment or administrative punishment, and had a legitimate occupation and stable income before committing the crime. He embarked on the road of crime because of careless friends and weak legal concept. He is a first-time offender and an occasional offender. Through the further help and education of the judicial organs, the defendant Wang xx was deeply saddened and regretted his criminal behavior. When meeting with the defendant Wang xx, the defender repeatedly expressed his willingness to plead guilty and repent, and looked forward to an early return to society and a better life. During the trial, the defendant Wang xx also confessed to the facts of the crime and had a good attitude of pleading guilty and repenting. Moreover, judging from the subjective malignancy of the actor, the subjective malignancy of the defendant Wang xx is also relatively light. The defender requested the collegial panel to consider the defendant Wang xx as a first-time offender and an occasional offender and give him a lighter punishment.
To sum up, according to the basic principles of a legally prescribed punishment for a crime and its adaptation to crime in China's criminal law, and the principle of combining punishment with education in criminal law, we aim at reforming criminals and preventing crimes. Ask the collegial panel to punish the defendant Wang Cong lightly and give him a chance to turn over a new leaf and turn over a new leaf.
Zhezhi
Xx District People's Court of xx City
Xxxx lawyer office
Lawyer xxx
20xx year x month x day
Legal basis:
Article 293 of the Criminal Law of People's Republic of China (PRC) shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or public surveillance if he commits one of the following acts:
(a) beating others at will, and the circumstances are bad;
(two) chasing, intercepting or insulting others, and the circumstances are bad;
(three) extortion or arbitrary damage, occupation of public or private property, if the circumstances are serious;
(four) together in a public place. Causing serious disorder in public places.