Defense of intentional homicide

The defense of intentional homicide can refer to the following template, which is a successful model defense. Dear presiding judge and people's assessor: According to the provisions of the Criminal Procedure Law, entrusted by the defendant Zhang's family, I am Zhang's defender and participate in the litigation according to law. Before the trial, I carefully read the newspaper, met the defendant, listened to the court investigation just now, and had a full understanding of the facts of the case. Defender has no objection to the fact and nature of Wuxi People's Procuratorate (2009) No.20 indictment accusing Zhang of intentional homicide. According to the facts of this case and Zhang's statutory and discretionary mitigating circumstances, the following defense opinions are put forward: 1. The defendant Zhang surrendered himself, was able to voluntarily surrender, voluntarily and truthfully confessed all the criminal facts, and pleaded guilty in court. The evidence in the case shows that Zhang was brought to justice when the public security organ had not mastered and determined the criminal suspect in this case, and when the public security organ interrogated Zhang, he voluntarily confessed the criminal facts of intentional homicide. According to Article 1 of the Supreme People's Court, the above situation should be punished as surrender. According to Article 67 of China's Criminal Law, the defender suggested that the defendant should be given a lighter criminal punishment. After the incident, in the meeting with the defender, the defendant was able to sincerely repent, expressed hatred for the confused life he had spent in the past, and expressed deep remorse for the serious crimes he had committed on impulse. The defendant has repeatedly expressed the hope that the court will give him a chance to turn over a new leaf. Second, the defendant Zhang's criminal motives and reasons. The existing evidence shows that Zhang and Yang were lovers and lived together for a long time. As the saying goes, one day's husband and wife are grateful for a hundred days, so what made Zhang personally kill his once close lover? Through the investigation of the defenders, we concluded that: 1, the defendant Zhang had no intention of killing Yang's property. The evidence in the case shows that Yang came to Jiangyin twice to withdraw due bank deposits, and Zhang was very clear about withdrawing money from her. After the incident, Zhang did not transfer or withdraw the deposit in the victim Yang's passbook, but directly discarded the passbook, which subjectively did not belong to killing people for money. 2. Defendants Zhang and Yang have abnormal cohabitation. As far as the defendant is concerned, Zhang divorced his wife more than 10 years ago, and both his daughter and wife have left Jiangyin and have never met. Zhang has been single and unemployed 10 years. The victim, Yang, had three marriages and had two children with her current husband. One is a divorced lonely man, and the other is that his wife is still there, and he has a husband and children, and his family feelings are very good. However, since 2004, the two have maintained a cohabitation relationship that ordinary people cannot understand. The evidence in the case shows that the two lived together from 2005 to 2006, and then went to Shanghai to celebrate the New Year with Yang. We can't know Yang's true feelings for Zhang, but as far as Zhang is concerned, he really likes Yang. According to Zhang and Li, Zhang once had the idea of marrying and starting a family with Yang, and according to Zhang's self-report, he gave Yang 60,000 yuan, but for some reason, Zhang's marriage wish failed to come true, and Zhang's love for Luo gradually grew from love to hate. 3. Defendant Zhang has been at the bottom of society for a long time. Zhang 10 has been alone since her divorce many years ago. He also lost his job because of divorce. He has no financial resources for so many years and only lives by selling houses. Since 2003, Zhang has lived in a simple transitional house built by the village Committee. It can be seen from the photos in the evidence that the defendant lived in an area of 10 square meters, and there was a wall around his house. Only one electric car is valuable. 4. The evidence in the case shows that there was a fierce verbal dispute between the two men for money at the time of the crime, which further developed into a physical conflict between the two sides, which led to Zhang's impatience and impulsiveness, which led to the tragedy of this case. To sum up the four points, the defender believes that the long-term abnormal love relationship between Zhang and Yang has not been rewarded, which is the internal factor of Zhang's murder. At the same time, we also see that in the face of the rapidly changing society, Zhang's originally happy family is broken, he has no fixed occupation, and he is economically divorced from the mainstream society. However, his social life has long been divorced from the normal management of society and lacks the care, warmth and restraint of society and family, so his social cognitive level deviates from the normal track and becomes a person whose life value has seriously collapsed. This kind of spiritual vagrancy and helplessness in life can easily lead to psychological extremes, and if the spirit is suppressed for a long time, once a dispute occurs, the defendant can easily get out of control and go to extremes. This is the external reason why the defendant committed this serious crime. Judging from the defendant's two reasons, the defendant in this case is different from other intentional homicide cases in subjective malignancy and social harm, and requests the court to consider it when sentencing. 3. The defendant in this case was tried for the first time and had no criminal record. He usually performed well. The occurrence of this case is a tragedy, which has caused irreparable pain and loss to the victim's family. Here, the defender expressed condolences to his family and sincerely asked them to forgive the defendant Zhang. According to the facts, circumstances, motives and reasons of the crime, the defender requested the court to give Zhang a lighter punishment. To the Defender of the People's Court, the letter "×××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××