What is a good defense?
For a long time, the punishment of criminal suspects in China will be judged according to the criminal suspect's own guilty attitude and criminal circumstances. If the guilty attitude is good, then this factor must be taken into account when sentencing, so many people want to know what the defense with a good guilty attitude is like. 1. What is a plea with a good guilty attitude? Dear presiding judge and people's judge, according to the relevant provisions of the Criminal Procedure Law, the defender carefully studied the judgment of the first instance, consulted all the files in detail, and met with the defendant according to law, and gained a more comprehensive and objective understanding of the case. Now the defender puts forward the following defense opinions according to the facts and laws, and asks the court to fully consider and adopt them. Second, there is no objection to the criminal facts and nature of the crime of fraud accused by the public prosecution agency. The defendant's criminal circumstances are not serious. According to the theory of criminal law and the first spirit of the Supreme People's Court's Interpretation on Several Issues Concerning the Specific Application of Law in the Trial of Fraud Cases (1996.12.16 Fa Fa Fa Fa Fa [1996] No.32), whether the circumstances of the crime of fraud are serious or not is mainly measured by the amount of fraud and the consequences caused by criminal acts. Judging from the facts ascertained by the public prosecution agency and the evidence submitted, the defendant's behavior is not serious enough: 1, and the amount involved is small. 2. Not a recidivist or a fugitive. 3. The object of fraud is citizens' personal property, not the production funds of enterprises and institutions or civil relief property such as emergency rescue and disaster relief, which has not caused the loss of enterprises and institutions to stop production or business; 4. The criminal act did not lead to the victim's death, mental disorder or other serious consequences, and the harmful consequences were relatively minor; In this case, the parties have a variety of statutory and discretionary circumstances (1). Their frank attitude is very good, they always confess their actions truthfully, and their frank attitude is excellent. From the beginning to the end, the defendant confessed his actions in detail and truthfully with the attitude of atonement, and never shirked his responsibility or evaded the blow by concealing or fabricating. In the subsequent interrogation by the public security organs, the confessions of the defendants were basically the same, even the details were the same. In this regard, paragraph 1 on page 4 of the indictment also confirmed this fact. According to Article 7, Part III of the Sentencing Guidance of People's Courts, which was implemented on 20 10 and 10, "For the defendant who voluntarily confessed in court, according to the nature of the crime, the severity of the crime, the degree of confession and the performance of repentance, the benchmark punishment can be reduced below 10%, but it is determined that there are circumstances of surrender and confession according to law. The Supreme People's Procuratorate Ministry of Justice the Supreme People's Court's Opinions on the Application of Summary Procedure in the Trial of Public Prosecution Cases Article 9: If the defendant voluntarily pleads guilty, the people's court shall give him a lighter punishment as appropriate. The defender implored the court to give full consideration to the defendant when sentencing. (2) The defendant showed sincere repentance both in the interrogation record of the public security organ and in today's court. The people's court should consider it as appropriate when sentencing Wang. At the same time, the defendant is willing to take the initiative to accept the fine and accept the punishment in this way to show his sincere repentance. Paragraph 7 of Article 25 of the Supreme People's Court's Guiding Opinions on Standardizing Sentencing: If the defendant voluntarily pleads guilty, the penalty shall be 10%. Paragraph 3 of Article 26: Those who voluntarily accept property punishment shall be given a lighter punishment within 20%. (3) The defendant has always performed well, with no misdeeds, no serious personal danger, and no circumstances of heavier punishment. (4) The defendant is willing to return the stolen money immediately. The defendant made it clear that he would return the stolen money immediately, and his family also said in court that he would return the stolen money immediately. Item (2) of Article 26 of the Supreme People's Court's Guiding Opinions on Standardizing Sentencing, if the defendant returns stolen goods and makes compensation (excluding the loss of less than 2,000 yuan), the proportion within 10% shall be lighter; (5) From the perspective of helping criminals to reform, I urge the court to give the defendant a lighter punishment. For first-time offenders and occasional offenders, we should consider giving them a chance to turn over a new leaf and avoid cross-infection after being sentenced to actual punishment. To sum up, the defendant's behavior conforms to the considerations listed in the Criminal Law and the Supreme People's Court's Guiding Opinions on Sentencing of People's Courts (Trial). Please ask the court to take a realistic attitude and fully consider the plot and consequences of the defendant's behavior. Therefore, we implore the people's court to take people as the foundation and enforce the law with humanity. If the guilty attitude is good, then it must be reflected in this defense. For example, after the parties are brought to justice, they actively cooperate with the investigation activities of the public security organs and the relevant activities of the procuratorate. If there is any illicit money, they can write the act of immediately returning the illicit money.