Chongqing Taiyuan Law Firm accepted the entrustment of the defendant XX's father and, with the consent of the defendant, acted as the first-instance defender of this case. After accepting the entrustment, we met the defendant in this case and consulted the case file. On the basis of fully studying the case, we have a deeper understanding of this case through the court investigation just now. In view of the actual situation of this case, we put forward the following defense opinions according to the facts and laws of this case. We believe that there is no objection to the crime of fraud accused by the public prosecution agency of the defendant XX. However, according to the whole facts of the case, the circumstances of the crime, the degree of social harm and the attitude of the defendant to plead guilty, we believe that the defendant XX has a lighter or mitigated circumstance, and hereby put forward the following defense opinions for the reference of the collegial panel when sentencing.
First, the defendant is an accessory to this case and should be given a lighter or mitigated punishment according to law. According to the court investigation just now, it was determined that it was organized by another criminal suspect (fugitive xx), and the defendant XX only played a secondary role in the crime. Just after the Spring Festival in 2009, the defendant XX was ready to go out to work, and called XX, another co-suspect in this case, to commit a crime, and rented a taxi (line 2 on page 2 of the interrogation record of the fourth XX) to organize fraud. It can be seen that the defendant XX in this case was only an accessory in the whole criminal process and should be given a lighter or mitigated punishment according to law.
Second, the defendant can truthfully confess his criminal behavior after being brought to justice, and has a good attitude of repentance and confession. After being brought to justice, the defendant can truthfully confess his criminal behavior, realize that his criminal behavior has caused harm to society, and has a good attitude of repentance and confession. The defendant in this case can truthfully explain his criminal facts from investigation to prosecution, especially the defendant Teng Ye's performance in court today, which fully shows that he has realized his mistake. It also shows that he has a correct understanding of his criminal behavior and a good attitude of confessing and repenting. It can be seen that the defendant's subjective malignancy is not deep, and the circumstances of the crime are not very bad. Through today's trial and later labor reform, he can completely repent and turn over a new leaf. It is suggested that the collegial panel should apply the sentencing provisions of "Several Opinions on Applying Ordinary Procedures to Trial Cases Defended by Defendants" when sentencing.
Third, the reasons for the defendant's crime in this case are that his family is poor and his education level is low. Second, the defendant is deep in the mountains of Guizhou, with only a primary school education. He has never received a good education since he was a child, and even the most basic junior high school education has not been connected, which also leads to the defendant's weak legal awareness. At the same time, the defendant was forced by life and couldn't stand the temptation. Today, he embarked on the road of crime. Because of this crime, even the defendant's living expenses in the detention center were paid by his 80-year-old father who sold the only cattle in his family.
4. The defendant is also willing to actively compensate for the losses caused to the victim. Because of the great losses caused to the victims, when we met with the defendant, we also said that we would actively compensate the victims for their losses. After the incident, part of the victim's losses were also returned, reducing the victim's losses. I hope the defendant will pass today's trial and make a good reform in prison. In the future, he will be determined to turn over a new leaf, get rid of poverty in his hometown through his hard-working hands, get out of prison as soon as possible and repay the society. To sum up, the defender believes that although the defendant XX constitutes a crime, it has circumstances that should be given a lighter or mitigated punishment.
Request the collegial panel to give him a lighter punishment according to law when sentencing. Thank you.
Legal basis: Article 33 of the Criminal Procedure Law. In addition to exercising the right of defense, criminal suspects and defendants may also entrust one or two people as defenders.