Dear presiding judge and judge,
Shandong Yunce Law Firm accepted the entrustment of the defendant Jiao's family and appointed Li Ruiqing as the defendant Jiao's defender with the consent of the defendant Jiao in accordance with the provisions of the Criminal Procedure Law of People's Republic of China (PRC). The defender consulted the case file and met with the defendant before the trial. The case has been investigated by the court and the facts of the case are clear. According to the facts and laws of this case, I hereby make the following defense opinions:
The defender has no objection to the accusation that the defendant Jiao's behavior constitutes a crime of intentional injury and should be investigated for criminal responsibility. However, they believed that the defendant Jiao had statutory and discretionary mitigating circumstances, and requested the collegial panel to consider the defendant Jiao's behavior when sentencing. The specific defense reasons are as follows:
1. In this case, the defendant has surrendered himself. Please ask the court to find out and find out according to law, and give the defendant a lighter punishment and a suspended sentence according to law.
On the day of the crime, the defendant in this case surrendered himself to the public security organ, actively cooperated with the public security organ, fully and voluntarily confessed his criminal facts and confessed his actions. According to Article 3 of the Supreme People's Court's Interpretation on Several Issues Concerning the Specific Application of Law in Handling Cases of Surrender and Meritorious Service, according to the provisions of Article 67, paragraph 1, of the Criminal Law, criminals who surrender may be given a lighter or mitigated punishment; If the circumstances of the crime are minor, punishment may be exempted. The specific determination of a lighter, mitigated or exempted punishment should consider the specific circumstances of surrender according to the seriousness of the crime. "Provisions, request the court to the defendant lighter, mitigated punishment and sentenced to probation according to law.
2. The defendant and his family have paid compensation to the victim, and obtained the understanding of the victim, requesting the court to find out and determine according to law and give the defendant a lighter or mitigated punishment according to law.
After the incident, the defendant made it clear that he was willing to give the victim some economic compensation, and the spirit of taking responsibility for the defendant was worthy of recognition. Although the defendant and his family were in financial difficulties, they compensated the victim and obtained the understanding of the victim. According to Article 4 of the Provisions of the Supreme People's Court on the Scope of Criminal Incidental Civil Action, if the defendant compensates the victim for material losses, the people's court may consider it as a sentencing circumstance. In this regard, the defender asked the court to give the defendant a lighter or mitigated punishment and sentenced him to probation according to law.
3. The defendant in this case pleaded guilty voluntarily, and was a first-time offender or an occasional offender. The circumstances are minor, the subjective malignancy is small, and the social harm is small. Request the court to find out and determine according to law and sentence the defendant to probation according to law.
At the time of committing the crime, the defendant was in an unconscious state after being drunk, and there was no premeditated behavior at all. He made a mistake purely on the spur of the moment after drinking, and the circumstances were relatively minor. At the same time, the defendant in this case had no criminal record or criminal record before the incident; After the incident, the defendant also showed great shame and guilt and voluntarily pleaded guilty in court. He did show repentance, which shows that his subjective malignancy is not deep and he is easy to reform. He asked the court to give the defendant a lighter and mitigated punishment.
Four, the victim is at fault, etc., should reduce the responsibility of the defendant.
At the time of the incident, the victim Liu said that he came out to pull the frame, but rushed to the defendant with a baseball bat. The defendant was in a state of drunkenness. Before the victim fell to the ground and hit his face continuously, he subconsciously resisted the malicious victim because of the incidental behavior of the victim's threat of swearing. In the whole incident, the fault of the victim cannot be ignored, and the responsibility of the defendant should be reduced.
To sum up, the defendant in this case has legal and discretionary circumstances such as surrendering himself, compensating the victim for economic losses, obtaining the victim's understanding, and voluntarily pleading guilty in court, which can be mitigated, lightened and exempted from punishment. The defender requested the court to be lenient according to the Opinions on Implementing the Criminal Policy of Tempering Justice with Leniency. "For crimes with less serious criminal nature and less social harm, as well as crimes in which the defendant pleads guilty and repents, lenient punishment is more conducive to social harmony and stability. This case stipulates that the defendant shall be given a lighter or mitigated punishment and sentenced to probation according to law.
Please consider the above defense opinions.
I am here to convey
Qingdao XXX people's court
Defender: Tian
20 13 years 1 1 month/day