Dear presiding judge and judge,
According to Article 35 of the Criminal Procedure Law of People's Republic of China (PRC) and Article 25 of the Lawyers Law, XX Law Firm accepts the entrustment of the defendant XX in this case according to law, with my consent; This lawyer was appointed as the first-instance defender of the case of the defendant XX suspected of fraud. Before the trial, I carefully consulted and copied the relevant evidence materials of this case, and I participated in the trial activities of this case just now, and I have a full understanding of XX's suspected criminal behavior. The following defense opinions are put forward for the court's reference:
The defender believes that it does not constitute fraud.
1. Defendant XX subjectively has no intention of illegally possessing other people's property. Article 266 of China's criminal law stipulates the meaning of fraud, which refers to the act of defrauding a large amount of public or private property by fictional facts or concealing the truth for the purpose of illegal possession. Subjectively, the crime is direct and intentional, with the purpose of illegal possession of public and private property. The defendant XX in this case has no subjective purpose of illegally possessing other people's property.
Second, the defendant XX objectively did not fabricate facts to defraud other people's public or private property. The crime of fraud is objectively manifested as the act of defrauding a large number of public and private property by fictional facts or concealing the truth. Defendant XX did not make up facts when signing and performing the house purchase and sale agreement.
Three. It was found that the defendant XX was suspected of fraud and the evidence was insufficient. The defender did not see it, and the prosecutor did not show the evidence to the court, so the defender thought that there was not enough evidence to determine that the defendant XX was suspected of fraud. During the trial, the defendant claimed that he was tortured by the criminal police and beat the defendant if he didn't admit it, so the defendant's confession in the investigation volume should not be accepted.
Based on the above opinions, the defender believes that the defendant XX does not have the objective situation of illegally occupying other people's property subjectively, nor does he objectively fabricate facts to defraud other people's public or private property, so it does not constitute the crime of fraud. ...
XX lawyer
XX law firm
Date, year and month