First, how should I defend myself in court?
Those who defend themselves in court should be handled flexibly according to the actual situation, and there are no rules or norms to adopt.
When defending yourself in court, you can put forward defense opinions from the following aspects: whether it constitutes a crime, subjective thoughts when committing the act, whether it is an accessory, whether it voluntarily surrenders, whether it voluntarily confesses, whether it has no regrets, the severity of the damage, whether it obtains the understanding of the victim, and whether it can be suspended. Different cases adopt different defense strategies and methods, which naturally cannot be the same.
But usually in the process of trial, you can pay attention to the following aspects:
1, wording. Use words clearly and accurately, and never say anything false, misleading or ambiguous.
2. Problem analysis. Analyze the opinions and evidence against the indictment according to logic and evidence, and put forward corresponding opinions to refute them. Don't mention a word that should be said in detail; "Help" the judge to find out the facts and make the most appropriate judgment.
3. Be fully prepared. If you have a full understanding of the cases involved and a good understanding of the laws and regulations involved.
Article 33 of the Criminal Procedure Law
A criminal suspect or defendant may entrust one or two persons as defenders in addition to exercising their right of defense. The following persons may be entrusted as defenders:
(1) lawyers;
(2) A person recommended by a people's organization or the unit to which the criminal suspect or defendant belongs;
(3) Guardians, relatives and friends of criminal suspects and defendants.
A person who has been sentenced to punishment according to law or deprived of or restricted personal freedom shall not act as a defender.
A person who has been dismissed from public office or has his lawyer's or notary's practice certificate revoked may not act as a defender, except the guardian or near relative of the criminal suspect or defendant.
Article 34
A criminal suspect has the right to entrust a defender from the day when he is interrogated for the first time by the investigation organ or takes compulsory measures; During the investigation, only lawyers can be entrusted as defenders. The defendant has the right to entrust a defender at any time.
When interrogating a criminal suspect for the first time or taking compulsory measures against him, the investigation organ shall inform him that he has the right to entrust a defender. The people's procuratorate shall, within three days from the date of receiving the case materials transferred for examination and prosecution, inform the criminal suspect that he has the right to entrust a defender. The people's court shall, within three days from the date of accepting the case, inform the defendant of the right to entrust a defender. If a criminal suspect or defendant requests to entrust a defender while in custody, the people's court, the people's procuratorate and the public security organ shall promptly convey it.
If a criminal suspect or defendant is in custody, his guardian or near relative may also entrust a defender. After accepting the entrustment of a criminal suspect or defendant, the defender shall promptly inform the case-handling organ.
Second, the difference between justifiable defense and entrusted defense
Self-defense is a defense made by criminal suspects and defendants to refute, defend and defend the charges. Self-defense is an important way for criminal suspects and defendants to exercise their right to defense, which runs through the whole criminal procedure. Whether in the investigation stage, or in the prosecution and trial stage, criminal suspects and defendants have the right to defense.
1. Self-defense and the identity of the suspect and defendant are born and died together. As long as any citizen is recognized as a criminal suspect or defendant according to law, then he also has the right to legitimate defense. Before the identity of the criminal suspect or defendant disappears, this right does not need the authorization of others. It can be said that it runs through the whole criminal procedure.
Participants in litigation include criminal suspects and defendants, and the litigation rights enjoyed according to law include the right to defense. One of the important ways to exercise the right of defense is to defend yourself. Therefore, self-defense should be respected by investigators and organs. For investigators and organs, there is only the obligation to respect and protect, and there is no right to restrict or infringe.
2. Entrusted defense means that a criminal suspect or defendant entrusts others to defend the criminal suspect or defendant.
According to the law, criminal suspects and defendants can entrust at most two defenders at the same time in addition to exercising their right to defense.
Special emphasis is placed on "simultaneity" here, because:
(1) According to the relevant provisions of the Criminal Procedure Law, a criminal suspect and a defendant may entrust different people as his defenders at different stages of the proceedings.
(2) Even at the same defense stage, the defendant can change his defender by refusing to defend. From this perspective, in the whole litigation process of a case, a criminal suspect and defendant may entrust more than two defenders.
To sum up, the defense can defend itself or entrust a lawyer to defend, depending on the actual situation of the case. No matter which side you choose to defend, you need legal evidence to prove your point of view before you can handle it, so that the court will accept its own case and win the case.