What are the strategies for criminal defense?

In view of the accusation made by the public prosecution agency against the defendant, the basic defense methods that criminal defense can choose are: case fact defense, insufficient evidence defense and legal application defense. I. Defense of the facts of the case (1) Actively discuss and prove the specific actions of the defendant proposed by the public prosecution agency that are different from the facts of the case; (2) Refuting the determination of the facts of the case put forward by the public prosecution agency, that is, discussing and proving that the public prosecution agency did not fully prove that the defendant committed a criminal act with evidence. The defense of the facts of the case can be divided into: 1, and the defense that does not meet the constitutive requirements of the crime. I don't know the agent of Beijing industrial and commercial registration. Common practices include: (1) stating or proving that the defendant does not have the legal requirements of the criminal subject. (2) State or prove that the defendant has no criminal intention or criminal purpose subjectively. (3) state or prove that the defendant objectively did not commit a criminal act. (4) state or prove that it does not have the criminal purpose and criminal consequences required by some criminal constitutions. 2. Generally speaking, the defenses against illegal things include: liability for breach of contract. The defendant has not reached the age of criminal responsibility, the defendant is incapable of criminal responsibility for other reasons (mental reasons), and the defendant has justifiable defense, emergency avoidance or unexpected circumstances. 3. Plot defense According to the facts of the case, the defense lawyer pointed out that the defendant has the facts and circumstances that are conducive to a lighter punishment, such as first offense, surrender, meritorious service, confession, victim's fault, crime preparation, attempted crime, suspension of crime, subordination in the same crime, and criminal threat. Second, there is insufficient evidence to defend 1, and the "orphan certificate" cannot be finalized. 2. Exclude illegal, untrue and irrelevant evidence. 3. Evidence cannot form a chain of evidence and cannot be finalized. 4. The case cannot be finalized due to insufficient evidence (1). The prosecution's evidence cannot deny the defense's evidence. (2) The prosecution's evidence cannot deny the defense's evidence. (3) The defense of legal application means that the defense lawyer has no objection to the facts put forward by the prosecution, but as to whether the facts constitute a crime and what kind of crime it constitutes, the content and eligibility criteria of the theoretical examination of Shanghai Driving School are -02 1. The nature, conviction and sentencing of a crime are different from public prosecution. 1, non-crime defense, according to the principle of legally prescribed punishment for a specified crime, it is proposed that the defendant's behavior does not conform to the specific legal provisions of the charges accused by the public prosecution agency. 2. Defend another crime. According to the principle of a legally prescribed punishment for a crime, it is proposed that the defendant's behavior does not conform to the specific legal provisions of the crime accused by the public prosecution agency, but conforms to the provisions of another crime with less criminal responsibility, and the defendant's behavior is suspected of a crime with less criminal responsibility. 3. Conviction and sentencing defense. Related legal knowledge: the procedural defense process of criminal defense is a basic right of criminal defendants. As a right, criminal defendants can defend themselves and have the right to hire defenders to defend them. Criminal defense lawyers believe that with the expansion of defenders' participation in criminal proceedings, their role in criminal proceedings has become increasingly prominent. Defenders can not only defend criminal defendants in criminal trials, but also provide legal aid to criminal defendants in the prosecution stage and even in the investigation stage. The continuous expansion of defenders' participation in criminal proceedings was once considered as an important reason for the "milestone" progress in the revision of the Criminal Procedure Law from 65438 to 0996. The expansion of the scope of defenders' participation in criminal proceedings is of great positive significance for strengthening the role of defenders in criminal proceedings and safeguarding the legitimate rights and interests of criminal defendants. However, the expansion of defenders' participation in criminal proceedings cannot fully explain the development and changes in criminal defense system since modern times, because besides the expansion of participation, the change of criminal defenders' responsibilities is also an important development that cannot be ignored in the defense system. The methods and skills of innocent defense are accumulated art, and a mature criminal defense lawyer needs time to accumulate defense experience. Lawyer Hu Yanlai, the author, summed up the feelings of innocent defense through his own practice in order to seek advice from Fang Jia. First of all, check the case file carefully and get familiar with the case. Lawyers must first consult the case file and understand the case, which is the premise of innocent defense and must be cautious. In view of the complexity of the case, lawyers must carefully read the mountain of case materials. They can look at it first, find out the key points and doubts, then extract or copy it down, make a list if necessary, and compare the oral evidence. Secondly, carefully consult the relevant legal basis to find out the legal reasons for not guilty defense or not being criminally responsible. See whether the behavior of the parties conforms to the "innocent defense" or the defense without criminal responsibility stipulated in China's criminal law, including: whether there is no crime stipulated in Article 13 of the Criminal Law, and the presumption of innocence is insufficient evidence; Harmful behavior caused by "force majeure" or "unforeseeable" reasons does not constitute a crime; He shall not be criminally responsible for crimes committed by complete mental patients or intermittent mental patients when they are mentally abnormal, for crimes committed by people under the age of 14, and for crimes committed by people over the age of 14 and under the age of 16, but he shall be guilty of intentional homicide, intentional serious injury or death, robbery, drug trafficking, arson, explosion and poisoning. Self-defense is not criminally responsible, and emergency avoidance is not criminally responsible; If the limitation of prosecution has expired, the case shall not be put on file for investigation, and if the victim of a private prosecution fails to prosecute or withdraws his prosecution, the case shall not be put on file for investigation.