First, what is the format of the defense opinion to the procuratorate?
_ _ _ _ _ _ People's Procuratorate:
According to the provisions of Article 33 of the Criminal Procedure Law of People's Republic of China (PRC), _ _ _ _ _ _ Law Firm accepted the entrustment of the relatives of the criminal suspect in this case and obtained their consent, and appointed me as the defender of the criminal suspect _ _ _. After accepting the entrustment, the defender consulted the materials of this case and met with the criminal suspect. According to the facts and laws, he put forward the following defense opinions:
1, actually:
___________________________。
2. Evidence:
_________________________。
3. Applicable law:
___________________________。
4. Prosecution and sentencing:
___________________________。
To sum up, this defender requests the undertaker of this case to adopt defense opinions when examining and prosecuting.
Defender: _ _ _ _ _ _ Law Firm
_ _ _ lawyer, _ _ _ lawyer
_ _ _ _ _ _ _ _ _ _ _ _ _
2. Who can be the defender of criminal cases?
In criminal proceedings, the right of defense can be exercised by others, that is, defenders, in addition to the criminal suspects and defendants themselves. Defender refers to a litigant participant who is entrusted by a criminal suspect or defendant or appointed by the court to help the criminal suspect or defendant exercise their right of defense and safeguard their legitimate rights and interests according to law. The establishment of the defender system makes up for the defects of the defense ability of criminal suspects and defendants; It makes up for the deficiency of national judicial personnel in protecting the litigation rights of criminal suspects and defendants; It promotes the realization of litigation justice, plays an exemplary role in society and promotes legal publicity and education. In China, the range of defenders is very wide: lawyers, people's organizations or people recommended by criminal suspects and defendants, guardians of criminal suspects and defendants, relatives and friends can all be entrusted as defenders, except those who are deprived of personal freedom according to law and those who are being executed.
3. What are the rights and obligations of defenders?
In order to ensure that defenders can fully perform their defense functions and duties, the law gives defenders a series of litigation rights. It mainly includes the rights of independent defense, marking papers, meeting and communication, investigation and evidence collection, access to judicial documents, information, inquiry, debate, accusation and refusal. While enjoying the right of appeal, defenders should undertake the following litigation obligations: the obligation to abide by their duties and safeguard the legitimate rights and interests of the parties; Obligation of confidentiality; The obligation of proper practice; The obligation to abide by the rules of the court; Legal aid and other obligations of lawyers.
To sum up, in the prosecution stage of the procuratorate, the attorney should put forward defense opinions and submit defense opinions to the procuratorate. In the defense, write clearly the facts of the case investigated by the lawyer and give specific sentencing opinions, combining evidence with law. When writing a defense, a lawyer shall not falsify facts, but shall seek truth from facts.