How to write the defense statement in Liang Li’s case of missing gold? , Structure and writing (1) Title. You can write "defence statement regarding the case of ××× (person) ××××". (2) Preface explain

How to write the defense statement in Liang Li’s case of missing gold? , Structure and writing (1) Title. You can write "defence statement regarding the case of ××× (person) ××××". (2) Preface explains the legal status of the defender. At the same time, briefly introduce the work done by the defender beforehand, such as reviewing case files, understanding the facts of the case, meeting or communicating with the defendant in custody, etc. (mostly limited to lawyers). At the end of the preface, you can summarize the defender’s basic views on the case. For example, the criminal facts alleged by the public prosecution agency cannot be established, or the conviction is inappropriate, etc. (3) Defense opinions This is the main part of "defense", which is a defense opinion based on the facts, the law, and the defendant's guilty plea attitude. Specifically, defense opinions can be put forward by analyzing whether the defendant's criminal facts in the indictment can be established; or using legal opinions on conviction and sentencing to put forward defense opinions on the charges in the indictment; the attitude of pleading guilty is mainly based on the party's "confession and leniency" , resist the "strict" policy, and put forward reasons for lenient punishment. (4) Conclusion. Summarize the defense reasons and make sentencing recommendations for the defendant. (5) Indicate the name of the defender and indicate the date. Edit this paragraph III. Format of the defense statement Source: Internet Law Internet Law Author: The defense statement on the case of __________ (name) ____________________ (cause of the case) The presiding judge and the judge based on the "Criminal Procedure of the People's Republic of China and the People's Republic of China" According to the provisions of Paragraph 1 of Article 32 of the Law, I accept the entrustment of the criminal suspect ____________________________ (subject matter) in the case of __________ (name of main criminal suspect and defendant) to serve as his defender and defend him. Prior to this, I studied the indictment of the _______ People's Procuratorate for this case, reviewed the file materials, met with the criminal suspects, interviewed the witnesses, inspected the scene, and obtained sufficient factual materials and evidence. The author believes that there are major discrepancies in the determination of facts in the indictment (or the facts are unclear, improper characterization, etc.). The reasons are as follows ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ In summary I believe: ____________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ In accordance with the provisions of Article ____ of the Criminal Law of the People's Republic of China, I request the procuratorate not to prosecute the criminal suspect in this case (or __________) Request the court to acquit the defendant, exempt him from punishment or give him a lighter or reduced punishment). After accepting the entrustment, I carefully reviewed all the case materials, met with the defendant, and carried out a large amount of investigation and evidence collection. After careful investigation and rigorous analysis, I believe that the facts of this case are unclear and there are many doubts, making it difficult to finalize the case. We now issue the following defense opinions in accordance with the law: 1. Regarding the evidence used by the indictment in this case to confirm that Zhang × The second conclusion of the blood torture test made by the defendant was the injuries on the defendant's body. Since other evidence can only prove that the case actually occurred, but not who the criminal is, the author only puts forward the following opinions based on the facts and law regarding the authenticity and probative power of these two pieces of evidence. Blood type identification conclusion According to the criminal scientific identification certificate issued by the ×× Public Security Bureau, the deceased’s blood type was type B, and the semen in the vagina was type A. The suspect Zhang ××’s blood type was type A, and his saliva was type A. The prosecutor then This is considered important evidence that Zhang ×× raped and murdered. In this regard, as the defender, the author believes that the semen in the vagina of the deceased has the same blood type as the suspect Zhang XX, which does not prove that Zhang XX committed the crime. Because modern forensic medicine believes that blood type identification is different from DNA fingerprint identification, it can only make an exclusionary determination, but not a determination of identity. Specifically in this case, the vaginal semen of the deceased was type A, which can rule out the possibility of being a person with blood types B and O, but it cannot be concluded that Zhang ×× committed a crime. Because there are many people with type A blood in the world. Regarding the identification of injuries on the defendant's body. According to the photos provided by the prosecutor, Zhang ××’s injuries were all on the right side, that is, on the right shoulder, behind the right ear, on the right forehead, and on the right hand. This is consistent with Zhang ××’s confession. Zhang ××’s explanation for this is that the morning after the incident occurred, it was the time when the family was buying coal. As the only man in the family, it was his duty to do physical work. , resulting in multiple scratches on the right side of the body. According to common sense, the confession of a criminal suspect or defendant needs to be dialectically analyzed, but we can specifically analyze whether Zhang ××’s confession is true in terms of the time when the scars on his body were formed. According to the indictment submitted by the public prosecutor, Peng committed the crime on ×× month ×× day ×× time. In other words, the scars on Zhang ××’s body, behind the ears, and forehead should have been formed at this time, but the key to the problem is However, on the day of the incident, no one found any injuries on his body. Because in the afternoon of the day of the incident, Zhang XX went on duty at the unit, and the unit did not see any injuries on his face or forehead. Written evidence provided by Liu XX and Wang XX, colleagues from Zhang XX’s unit, proves this point. In addition, after Zhang XX returned home from duty that day, his neighbors did not see any injuries on his face or forehead. II. However, around xxx o'clock that day, colleagues Liu xxx and Wang xxx in Zhang xxx's unit, as well as guard Huang xxx, could all prove that Zhang xxx was on duty in the unit. The written testimony provided by Liu XX, Wang XX and Huang XX proves this point. In addition, the newspapers Zhang XX read and the reading notes he took while on duty at the unit can also prove that Zhang XX was not at the scene of the crime around xxx hour on xxx, xxx. The above evidence corroborates Zhang XX’s own defense, proving that Zhang XX was not at the scene of the crime at the time of XX. To sum up, the defender believes that the facts of this case are unclear and the evidence to determine that defendant Zhang ×× committed a crime is seriously insufficient. Because human life is at stake, I believe that the People's Court must not be rash when accepting evidence.