Presiding Judge: XX Law Firm accepted the entrustment of * *' s family, and with the consent of * *, appointed us as the defender of the defendant * * in traffic accident crime, and attended the trial in accordance with the law. get through
Legal objectivity:
Model essay on defense of traffic accident crime: presiding judge, judge and people's juror: defendant ×××××× Based on facts and laws, we hereby express our opinions as follows. First of all, I apologize for the misfortune of the victim and express my condolences to the plaintiff. 1. The defendant may be given a lighter punishment as appropriate. The defendant ××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××× After the traffic accident, the defendant ×××××× stopped immediately, got off the bus to observe that the victim had died, and immediately called 1 10 to call the police. At the same time, people and cars are left at the scene waiting for the traffic police to deal with them. The public security organ's on-site inspection map, on-site record and on-site record are all signed by the defendant, confirming the fact that the defendant stopped to wait for treatment. Therefore, there are contradictions in the description of the defendant's arrival in the case issued by the public security organ, and the statement that he fled the scene after committing the crime is obviously contradictory to other evidence, and the capture process should prevail. After being brought to justice, he was able to truthfully confess his criminal history. Therefore, there is sufficient evidence in this case to prove that the defendant XXX surrendered himself. After returning to the case, he truthfully confessed his criminal facts. Now, he can truthfully confess the facts and process of his case in court. The procuratorate fully respected the facts and fairly and objectively determined that he surrendered himself. According to Article 67 of the Criminal Law of People's Republic of China (PRC): "Whoever voluntarily surrenders himself after committing a crime and truthfully confesses his crime is self-surrender. Criminals who surrender themselves may be given a lighter or mitigated punishment. Among them, if the crime is minor, it can be exempted from punishment. " Defendant Sun Xx has statutory provisions to lighten or mitigate punishment. Third, the defendant actively compensated the victim for economic losses and showed remorse, which can be given a lighter punishment according to law. After the defendant surrendered himself, he still actively raised 40 thousand yuan to compensate the victim first, which can be regarded as repentance. According to Article 12 of the Supreme People's Court's Opinions on Giving Full Play to the Function of Criminal Trial and Deepening the Resolution of Social Contradictions: "Properly handle the relationship between incidental civil compensation and sentencing. If the defendant actively compensates the victim, pleads guilty or repents after committing a crime, it can be considered as a discretionary sentencing circumstance according to law. For defendants in minor criminal cases, non-custodial sentences should be considered. If the defendant pleads guilty, repents, apologizes, actively compensates, and obtains the understanding of the victim, he can be lenient according to law. " It is stipulated that the defendant Sun Xx has the circumstances of judicial discretion and lighter punishment. The defendant usually behaves well. This crime is a first offense and an occasional offense. According to article 19 of "Several Opinions of the Supreme People's Court on Implementing the Criminal Policy of Tempering Justice with Leniency": "For first-time offenders and minor offenders, the motive, means, circumstances, consequences and subjective state of the crime should be comprehensively considered, and the punishment should be lenient as appropriate." Therefore, the defendant can be given a lighter punishment as appropriate. To sum up, according to the above-mentioned statutory or discretionary mitigation or lighter circumstances of the defendant, combined with the fact that the defendant is a farmer, and according to the "Minutes of the National Court's Symposium on Maintaining Rural Stability (II)" on the issue of sentencing the farmer defendant to probation, control and exemption from criminal punishment according to law: "When applying punishment to the farmer defendant, we must strictly follow the principle of adapting crime to punishment and fully consider the particularity of the subject of the farmer crime." And article 16 of "Several Opinions of the Supreme People's Court on Implementing the Criminal Policy of Tempering Justice with Leniency": "Criminals with minor criminal circumstances, little subjective malignancy, little personal danger, repentance and no longer endangering society should be treated leniently according to law. For those who meet the requirements, non-custodial sentences such as probation or control and single penalty shall be applied according to law. At the same time, with community correction, strengthen education, probation, help and save the work. " The defendant meets the conditions of probation stipulated in Article 72 of the Criminal Law, and it is suggested that the people's court should reduce the punishment of the defendant according to law, give him a suspended sentence and give him a chance to repent and make a new start. Thanks to the respondent of the people's court of XX District: XXX.