(2) Preface. Explain the legal status of defenders. At the same time, briefly explain what the defender did beforehand, such as consulting the case file, understanding the case, meeting or communicating with the defendant in custody, etc. (mostly limited to lawyers). At the end of the preface, the basic views of the defender on this case can be summarized. If you think that the criminal facts accused by the public prosecution agency against the defendant cannot be established, or the conviction is improper, and so on.
(3) defense reasons. This is the main part of the "defense word", which puts forward the defense reasons from the fact, the law and the defendant's guilty attitude. Specifically, the defense reasons can be put forward from the aspects of analyzing whether the defendant's criminal facts put forward by the public prosecutor can be established; Or use the law to express opinions on conviction and sentencing, and express opinions on the charges raised in the indictment; The attitude of pleading guilty is mainly based on the party's policy of "confessing leniency and resisting strictness", and puts forward the reasons for leniency.
(4) the end. Summarize the defense reasons and put forward sentencing suggestions to the defendant.
(5) State the name of the defender and indicate the specific date.
format
On the defense of the case of _ _ _ _ _ _ _ _ _ _ (name) _ _ _ _ _ _ _ _ (cause of action)
The presiding judge and judge:
According to article 32, paragraph 1 of the criminal procedure law of People's Republic of China (PRC), I accept _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
Name of criminal suspect or defendant) _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Before that, I studied the indictment of _ _ _ _ _ _ _ _ People's Procuratorate, consulted the file materials and met with him.
The criminal suspect visited the relevant witnesses and conducted an investigation on the scene to obtain sufficient factual materials and evidence.
I think there are significant differences in the facts alleged in the indictment (or unclear facts, improper characterization, etc.). ). The reasons are as follows:
____________________________________________________________________________ __________________________________________________________________________ __ ____________________________________________________________________________ ______________________________________________________________________ _ _____ ____________________________________________________________________________
To sum up, I think: \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \' is: \ \ \ \ \ \ \ \ \ \ \ \.
According to the provisions of Article 1 of the Criminal Law of People's Republic of China (PRC) and the Criminal Law of People's Republic of China (PRC), the procuratorial organ is requested to investigate the criminal suspect in this case.
_ _ _ _ _ _ _ _ _ _ Do not prosecute (or request the court to declare the defendant innocent, exempt from punishment or give a lighter or mitigated punishment).
Defender: _ _ _ _ _ _
model essay
The presiding judge, judges and people's jurors:
Xx Law Firm in XX City, XX Province accepted the entrustment of Xu XX, a relative of Zhang XX, the defendant in this case, and appointed me as the first-instance defender of Zhang XX. After accepting the entrustment, I carefully consulted all the case materials, met the defendant and conducted a lot of investigation and evidence collection. After careful investigation and rigorous analysis, I think the facts of this case are unclear and full of doubts, which makes it difficult to finalize the case. The following defense opinions are hereby issued according to law:
I. Evidence of Zhang Xx's crime in the indictment of this case.
There are two main evidences cited by the public prosecutor that can be used to identify Zhang XX's rape and murder: one is the conclusion of the blood punishment test made by the public security bureau on the victim and the defendant, and the other is the injury on the defendant. Because other evidence can only prove that the case did happen, but can't prove who the criminal is, I only put forward the following views on the authenticity and probative force of these two pieces of evidence based on facts and laws.
The conclusion of blood punishment test. According to the criminal scientific appraisal made by the Public Security Bureau, Diedu's blood type is B, the vaginal semen is A, the suspect Zhang Xxx's blood type is A, and the saliva is A. The public prosecutor then identified this as significant evidence of Zhang Xxx's rape and murder. In this regard, as a defender, I think that the semen in the vagina of the deceased belongs to the same blood type as the suspect Zhang XX, which cannot prove that Zhang XX committed the crime. Because modern forensic medicine thinks that blood group identification is different from DNA fingerprint identification after all, it can only be ruled out and cannot be equated. Specific to this case, the semen in the vagina of the deceased is type A, which can rule out the possibility of people with type B and type O blood committing crimes, but it cannot be concluded that it must be Zhang XX. Because there are many people with type A blood in the world.
On the identification of the defendant's injury. According to the photos provided by the prosecutor, Zhang XX's scars are all on the right side, that is, the right shoulder, the back of the right ear, the right forehead and the right hand. This is consistent with Zhang XX's confession. Zhang XX explained that he was buying coal at home the next morning. As the only man in the family, he is duty-bound to do manual labor. Because of his shoulders, shoulders and climbing stairs, he suffered many bruises on his right side. According to common sense, the explanation of the criminal suspect or defendant needs dialectical analysis, but we can analyze whether this statement is true or not by the time when the scar on Zhang XX was formed. According to the indictment issued by the public prosecutor, the pen reads "XX, XX, XX, XX, XX, XX, XX, XX, XX, XX, XX, XX, XX, XX, XX. Besides, when Zhang came home from work that day, his neighbors had never seen any scars on his face or forehead.
Second, about the time of Zhang Xx's crime identified in the indictment of this case.
Whether it is the indictment of the people's procuratorate or the public prosecution opinion put forward by the prosecutor in court, it is believed that the defendant Zhang XX made the case on XX, XX, XX. But around XXX that day, Zhang XXX's colleagues Liu XXX and Wang XXX and the doorman Huang XXX can prove that Zhang XXX was on duty in the unit at that time. There are written testimonies of Liu XX, Wang XX and Huang XX as evidence. Moreover, when Zhang XX was on duty in the unit, the newspaper he read and the reading notes he made can also prove that Zhang XX was not at the crime scene on XX. The above evidence supports Zhang XX's own defense, proving that Zhang XX had no time to commit crimes in XX.
To sum up, the defender believes that the facts of this case are unclear and the evidence of the defendant Zhang Xx's crime is seriously insufficient. Because it is related to human life, I think the people's court should not be careless in obtaining evidence. I request the people's court to revise and implement Article 20 of the Criminal Procedure Law of People's Republic of China (PRC) on "XX ××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××
Defender: ×× lawyer
* * * Year * * Month * * Day