It was very nice to know, also very glad to have the opportunity to be here with you to share some work experience and skills, is to learn from each other, each other. Just soup director said what is very famous, this also not. Because the soup is always our veteran, can be called to say the heavyweight heavyweight, because my weight is relatively large. Is to communicate with you, very happy. There is a point of entry, I think this report to write the title is cross examination. I was assistant to write two articles, two articles may be sent, put this down here. In fact I speak today is the subject of a question the defendant in court, the defendant's lawyer to ask questions.

I told you today on the topic of trial lawyers for the accused. Why the people asking questions? When asking questions need to pay attention to what the problem? What skills? This is me to share with you today. Why to want to question the defendant? This with our China trial mode, trial mode are related with. If you're in the Anglo American countries it does not exist the question the defendant's problem, because the defendant the right of silence, he could not say a word, by his lawyers and prosecutors identified, he sat in the mountains where outlook tiger Dou, generally we see foreign films, the Hongkong film, the defendant is wearing a suit leather shoes, and he is not our defendant after held, often has been closed for one or two years, the defendant has been exhausted, but the defendant foreign can be released on bail, unless and individual violent crime, generally can be released on bail, so usually in society, from lawyers and public prosecution against the. So that he can be the right of silence, he could not say a word. The US is not the same. In the system, there is no question the defendant.

We Chinese trial model, there is a question of the defendant, but also to the defendant's questions, or interrogation, prosecutor interrogation, a focus is our trial, one of the central problems. The defendant is a center of our trial. With this we have the presumption of guilt confession, mode of thinking. Defendants in us, is sitting alone in the middle of the court, for example this is trial, here is the prosecution, here is our defense, defendants and their people don't sit together, foreign defendants and their lawyers sit together, so that they can speak to discuss, and we are not, we the defendant sitting alone in front of, sometimes also used a small cage locked up. This is a presumption of guilt manner, or ignore the legitimate rights of the defendant. The accused sat very lonely, where very helpless, have what words with lawyers exchange, and can't communicate. Sometimes if the lawyer before the trial, before the meeting, then equal before the trial, to say to the defendant can't communicate, the defendant in court are sometimes feel very helpless, how to answer all feel dazed. This is a relationship with us this trial mode. The normal form of trial, is an equilateral triangle, controlled trial judge on, above, and then both sides both sides. And China, our court layout is an inverted triangle, the defendant in the center, the prosecution may interrogate the defendant, the defender may interrogate the defendant, and the judge may question the defendant body, so the defendant to trial the protagonist, are you talking to him, I have a confession, and the presumption of guilt.

So in the China this mode, just ask the question, of course, our model needs to be improved. However, a short period of time also can not change, we say that the right to silence the defendant gives him the right to silence, suspect gave him, this cannot be achieved in the short term, especially public security department, or the prosecutor against great views. Why? He said that if the defendant has the right to silence, then a large part of the case can not be broken, why? Because of our low level of science and technology and so on, we now solve mainly rely on the confession, confession after holding to find other lines of evidence, so that our torture to extract confessions, cheat for, Yougong prevails, this with the evidence system, with the trial mode is in relationship. Despite the short time to ask questions to the defendant also can not change the mode of trial, one thirty we would not change, so we in the present circumstances, how in the existing system environment, to make the greatest efforts to help the defendant full justification, safeguard the lawful rights and interests of his, for his rights and interests maximization. So I just talk about how to ask the questions to the witness this link.

　　　　Everyone is in the law, the court generally speaking, divided into five stages, first announced the court, announced at the hearing, the judge must check the defendant's identity, and then give you a replacement right, you have the right of appeal, you have the right to defense. Then began the court investigation and debate in the court, the defendant, statement, finally is the evaluation and judgment. The court investigation is a very important stage, although very boring, the layman is not look lively, lay people will want to watch the debate, see the lawyer style, see prosecutor eloquence, but for pedestrians, court investigation is very important, it is to solve the fact there is no him to a fundamental problem? There does not exist, the evidence enough? Enough? There is no formal criteria to achieve? The prosecution have the burden of proof? The court investigation, the public prosecutor may read the indictment, read out the indictment is finished, so the judge simply ask the defendant to indictment, you what opinion, do you plead guilty or not guilty? Do you agree or not? To allow the defendant to briefly answer some time, the defendant said I have the objection, he will let you briefly, your objection in where? He won't let you say. This stage later, also by the public prosecutor to interrogate the defendant, if the defendant pleads guilty, it was true, let you talk about after the fact, how to kill people, time, location, methods, tools, consequences, there is no surrender. If not guilty, the difficulty is bigger interrogation. Either plead guilty or not guilty, the public prosecutor must first ask the defendant, from A to Z asked, the public prosecutor and ask very detailed, very comprehensive. In this case, prosecutors say hello first, and then from second person asked the defendant. So in this mode, the lawyer to ask, why ask? First, I think the first point, the defenders of the defendant's question, is an independent stage, is an independent program, the status and the function of it. Why? It can be said that in the court, before the lawyers for the accused to ask questions, the lawyer is no chance to speak, some of the long, some black social cases, fifty or sixty defendants, light reading five indictments to read a morning, sometimes you on the morning of a white sat. So really it's your turn to speak, is on the defendant to ask, this is your first appearance. We say dilettante watch the scene of bustle, experts see road,

　　　　By law a few simple question, then you will know that the lawyer level how to, how ability, not familiar with the procedure of the case, grasp and so on. This is the first appearance of lawyers, so we should pay attention to this point. So we think, lawyers for the accused of asking, is a process of the court investigation, it has unique function.

　　　　There is a characteristic, is the lawyer for the defendant asked, is leading a program by lawyers, prosecutors must be around his allegations, around his prosecution questioning, he asked the question is a crime around you, then your crime is more serious, the harm is very big, he's around here, he also ask about you, but he asked what is revolves around allegations, since you sue to the court, he will think you to constitute a crime, otherwise is necessary to the court. Firstly, from the qualitative perspective, he thinks you're a crime, so the prosecution on behalf of the state to the defendant in court. So when he asked, is focused, there is a tendency. He asked the purpose is to let the facts and circumstances of the crime, show before a court, in front of spectators show. Then we lawyers certainly not this train of thought, the lawyer asked to say, is not good for you,, or some plot crime light show at the judges and spectators in front, this is a program by the lawyer to the dominant. The public prosecutor asked how, you don't tube he, but as a lawyer, how do you ask, it is my master. I can design your what questions to ask, do not ask what the problem. This is the lawyer led program, of course, the defendant is relatively favorable program.

Third, lawyers for the accused to ask questions, but also the accused to court a comprehensive display of a process of the facts of the case. Then I design some of the problems by, I ask you to put your advantage, some excuse, some story, especially in the plea of not guilty, why do the innocent? The defendant did not plead guilty? I have my reason, I have my grievance, so I have to speak out. So the question is, give the people a chance, let him to fully display the court case, and unlike the prosecution written that, the accused commit the most heinous crimes, or is a crime, not like that, I had the excuse me, I have the reason, this is also an opportunity for the defendant.

Before asking the defendant in the defender, because it is the public prosecutor to read out the indictment, and also is the first to question the defendant, so give the impression, the defendant must constitute the crime, time, place, killing all know, bribery, the amount and time after all clear. So give the impression is guilty may be larger, make weight are more likely to be, but now it is the turn of the defenders of the defendant asked, then give the defendant an opportunity, a comprehensive display of the facts of the case, the innocent be pleaded not guilty, guilty of sin light defense, this is for the defendant provide an opportunity.

　　　　Why to ask? What is it for? Have the following functions: one is to ascertain the innocence and light offence facts of the case. All the cases to the court, you as a defense witness, you is nothing more than two kinds of defence, a plea of not guilty, a light offence defense. So the questions give you a chance, is conducive to the Court cleared and light offence facts, not guilty is that what basically do not constitute a crime, it is not me, not the thing. Again, like I don't conform to the law of the constitution, I was the money, but I did not constitute the crime of bribery, the reason is that I did nothing to him I didn't take advantage of their positions to seek interests, convenience, our friendship gift, this is the first of its functions. To ascertain the innocent and guilty of some facts of the case.

Because in the court, the defendant in court before, often after a long investigation, prosecution stage, his contact with these previous investigators, hostile to him most is, after meeting is scolded him, more serious, more extreme, engage in extortion by torture, cheat for inducement have, this It is often seen. in practice, he had no chance to speak, he sometimes to excuse, justify the others do not give you, or leave to the court to say. Often in the stage of investigation, the Public Security Bureau, the defendant arguing, you to the procuratorate to say, procuratorate to give you the opportunity to. The prosecution stage, procuratorates do not give you the opportunity, say you go to court, so the fact that he had no chance to explain their advantage of things, even if you said, people will not give you record. So before the trial, he contacts are accused of his people, are held him responsible person, so that he could not show the beneficial things, or to be recorded, then only to the court, the accuser and the accused the three parties are present, then have the spectators, and the media supervision, a live record, only in this case, you will have a chance to display. So the first function to ascertain and innocence and light offence facts of the case.

The second point, is conducive to the lawyer's testimony, and defense. We in the court investigation, the first is the public prosecutor and defender interrogation, interrogation, interrogation after counsel, the judge can interrogate. After the interrogation, is proof of evidence, the prosecution to prove, the prosecution for the card, then the defense to proof, and quality certificate. The prosecution presented a proof, first questioned the defendant questioned and defender, the opposite is the case, if you provide a evidence counsel, also want to ask the defendant's opinion, also want to ask the public prosecutor's opinion, so that the second function is to ask for evidence, cross examination, there is way for the defense, it lay the foundation. If you want to give the defendant pleaded not guilty, then you go through this question, some of you to do the necessary groundwork, you put some questions to him, he also did some pleas of innocence, do some answer, giving judges and spectators an impression, for the spectators have an impression to do, he pleaded not guilty, may advocate hand to have some beneficial evidence to the court, otherwise, you suddenly in such a proof, without prior rendering, so I feel very suddenly, everyone feels bad to accept, can not understand. So the question for the future program is a necessary preparation.

　　　　Because in the case, there must be a lot of evidence, every case there is plenty of evidence, the evidence it is divided into two types, one is to the defendant's statement consistent, one is not consistent. Is with the confessions and excuse, or similar, so that we can confirm the prosecution charges. Or is not the same as with the confession and exculpation, so, the prosecution charges cannot be established. Or other evidence, witness testimony and confession, is, or is not consistent. As a defender, you have to do is innocent or guilty defense to do, you have to ask the questions in court, the defense asked after you or innocent, or Zuiqing defense, lay a foundation. For example to prove the defendant confession, you asked him, you in what circumstances on the case, take the initiative to the Public Security Bureau, or be forced to catch up? After the surrender, you are active account? Was forced to? Still being played? This is for the future lay a foundation. Conducive to the lawyer's testimony, and later defense.

　　　　In the court investigation, sometimes people will show some evidence of defense, so before I present evidence, I ask the defendant, the defendant also do the groundwork for, such as when the defenders to produce evidence, we feel that the logical, convergence is very natural. Of course, in practice, the defenders this evidence rarely, especially the investigation and evidence collection very difficult, very dangerous, many lawyers were arrested, convicted, because of investigation and evidence collection. Especially in cases of rape, what the victim, witness to the original certificate now done, defender for him, he's confession. So in this case law is very dangerous. As a defender, our evidence is often little, but does not mean that there is No. Also our evidence sometimes can be obtained from the prosecution, in some cases the material to pick out some of our proofs. Our own forensics capacity is very limited. But we can from the prosecution case material select some good for us to use this evidence, for cases of defense to prepare. This is a function of the second.

　　　　This is the first question, I want to ask is about law is an independent program, has its unique function and role, so we cannot look down on it. There is also a problem, is to say the lawyer asked, is also a display platform lawyer level. This is a lawyer speaking for the first time, how would you the law level, through your problems, including judges, including family members, including the public prosecutor also had probably measure. If you ask the question, wordy Rory, are asking all the minor details of the problem, the most crucial question not asked, then you the lawyer is not the level, not the questions a lot, the result is the judge repeatedly stop, this is not what it means. So it is very important to ask questions.

How to ask second questions,? How to ask? The first point before the trial, you need to do what? Fully prepared to do, the court is a very important stage, a court in the Chinese are often very short, for example black social cases, fifty or sixty defendants, even90Multiple defendants, opened 10 days after, if in foreign countries is unthinkable. In foreign countries, so much the defendant's case, often to open several years to complete, because each witness to testify in court, a witness must accept each control on Inquiry on both sides of the evidence, interrogation, so the speed is very slow. And we China witness basic does not appear, then read the transcripts, also called read excerpts from the testimony, just read a few, so we're hearing very quickly, even if the fifty or sixty defendant, the court also ten days. Like today7(Song Chengfei in LiaoningSound) triad case, the defendant,79A defendant, the Court opened16Day. There are (Ren ZhiweiSound) case,45A defendant, open15Day, we feel that this has been very long, but also quite. In Beijing a few days ago Yilin group cases,28A defendant, the Court opened5Day. Really a lot of work or in front of the court to do. We often say that one minute on stage, the audience ten years of practice. In fact, the real question in court for a short time, allows you to ask the question, or you can ask the question are few, so be ready in advance.

How to prepare? First you should carefully marking. We now also called file transfer, though not all over, but is a copy of the main evidence or photos, but not all over, but according to the new "lawyer law", so the stage of review and prosecution, we can see all the case materials, to the trial stage can be seen in all cases of all materials, the all the case materials and in all cases the material what is the difference? If anything, we don't close it, in this case, marking in accordance with the requirements, should read the comparison of the whole, basically the prosecution evidence materials submitted, we basically can see. In this case, we have no evidence, forensic evidence difficult, dangerous, so we can only carefully marking. Of course, some cases of papers, the general homicide and robbery is relatively simple, one or two books. Some economic crime, fraud and so on have dozens, hundreds of this case. Is it right? Such files are read? Some files are not much meaning, some books, bank go records. For example, Yilin that case, add up to light the contract will have1000Multiple copies, so not all the papers to see. What really matters is the testimony of witnesses, defendants appeal ah, these things are important. Some take account of things, it is objective. Like those contracts are the same, but the account name is not the same, these things may not be as important. So carefully marking.

　　　　Know yourself as well as the enemy you can fight a hundred battles with no danger of defeat. We have little evidence, do not have this capability, so to see more, thoroughly studied evidence the prosecution, the first to do a good job. In addition you marking, also has the authenticity to accurately judge the defendant lawyer public prosecution and defense, the investigation stage can be said that the defendant is guilty of almost all, in China this investigation mode, the defendant has no right to silence, without a lawyer present, no video, almost all of the defendants pleaded guilty, not confession is rare. Why? This is caused by the mode of investigation, the drawback of this model. Some of the stage of review and prosecution estoppel, some to the court confession, what is the truth? False? Said the investigation stage40Million, the trial stage said no charge, the court also said no, is there? I don't know. There is no murder? I don't know. In this case you do? You can see the case materials, other witnesses say, other evidence of how to say, it is helpful to judge the authenticity of confession argued, if you only by himself, difficult to judge, can have a look other evidence to say. So you carefully marking could help determine the authenticity of his statement.

　　　　Another you carefully marking, also contribute to the question key prominent, especially for some important evidence, the key evidence, you should carefully, so that when you ask the question, can the logic clear, focused, not to say the question not asked, with cases of essential not asked, net asked some Rowley wordy, had no effect on the case of things, serious marking it all depends on you.

Second, to communicate with the defendant before the trial. Because the investigation stage, you meet the difficult, even if you met, also has the investigation personnel present, monitored, by hearing, you dare not say what. The trial stage restrictions less, to the court, between you and the defendant basically no what limits, of course, different cases have different requirements. Like we do in Liaoning before the two cases in Heilongjiang society, and our case, is not alone, each meeting ad hoc group of people will be present, and do the record, but also to you to confirm the signing, of course this is another case, most of the cases in the trial stage can be met alone, alone conversation. So you want to communicate with the defendant, the first thing you explain to him to ask what procedures, what time, asked him to explain what it is.

The second point, you will usually trial asked his question, I would like to ask how you communicate, is the rehearsal. As the Spring Festival Gala every year to rehearsal, the opening ceremony of the Olympic Games to be just, in fact this is a rehearsal is to the court, how can I ask you, then how do you answer, you do know the score. Or to the court suddenly asked you a question, the accused person have the, do not know how to answer, or answer out of you, this case disadvantage, then lost. So in order to avoid this, prior to communicate.

I do have a case, in Tianjin, accused him of taking bribes, before the trial, and I went to the meeting with his lawyer, and the lawyers said let's rehearse, I ask you this question how do you answer, you I ask you that question how do you answer.

Another lawyer should put questions to the accused the ideas and focus on communication, why did I ask? From this starting point to ask why? This communication. Then asked what, of course this mainly to plead not guilty crime cases, the light is easier. Another, a lawyer should fully understand the defendant have what objection to the complaint. If the defendant knew, this murder is killing me, time, locations are not wrong, so you do not need to do, you do light offence defense is finished, found a reprieve is finished, if he this thing is not what I do, or bribery this thing I did no charge, or charge, but I do not constitute a crime, in this case you have to do.

　　　　Third to prepare, to develop a written outline, draw up a written outline, we often say again good memory is also not a bad pen, or should be prepared in advance. I have be keenly aware of, if prepared in advance to ask the outline, the court when I was being prepared, I do not panic, the public prosecutor asked, I would not ask, the public prosecutor if not ask, I can ask. If you what all have no, it wasn't so sure, only adjust to changing circumstances. Especially for the case is complex, so your heart more not the bottom, so I suggest you make a question outline, you think of this case involves what problem, then the people will ask what are the problems. Or the public prosecutor from this point to ask, I from which angle to ask? The only good, not bad. You should ask the whole idea of this outline, you ask the question and the lawyer thought consistent. Why did I ask? This told me after the defense point of view, the defense ideas are the same. The key of this question ideas and my defense is the same. This before the trial, ready to do the work in the lower court, do homework.

So the court, how to ask? What the attention when asking questions? I want to put forward the views from several together with everyone, learning together. Or questioning techniques. The first is that you ask the way, with the defender fit. That lawyer you should pay attention to, you are the defender, you are to safeguard the legitimate rights and interests of the person he, of course you can't consider him as one family relatives, as this is not right, but after all, I had been told, in the long stage of the proceedings, he front contacts are judges, inspection organs, they to the defendant there are hostile, on the defendant's plea not attention, even a dig. So when the people ask, mood is serious, serious, sometimes even scold. But as a defender to ask questions, you have to position your responsibilities consistent, you are to safeguard the legitimate rights and interests of his. So you ask the mood to relax, have affinity. Be kind, you can't blame him, he came all the way, are being scolded me, as a lawyer, you can't give him up, so to ease, be kind. Let the people feel that there are people willing to help defend him, and people are willing to listen to his answer statement.

In addition you call the defendant for the name, not necessarily with the words the defendant Zhang San, of course, to avoid this situation, called Zhang Juchang, Li this is not serious. Especially in the economic crime, is a duty, or the general manager, director of what ah, this time not to call of duty, first is finished, and the tone you ask the question, to fit your defense function. Of course not address each other as brothers, you must be friendly, to ease. Of course some prosecutors level is very high, I used to do in Shanghai a case, the public prosecutor is the national top ten prosecutors, he asked the defendant when the attitude is also very relaxed, be good at giving systematic guidance, Weiweidaolai, accused person's mood is very excited, can not answer the question, my body., I want to go back to rest, so that the public prosecutor had to coax him to speak, or trial, there is no way to carry out, so the attitude is very cordial, than the defender also graciously.

　　　　The second point, you want to cognitive ability for the defendant, the defendant is according to the level, to let him understand differently, is easy to understand, if he is illiterate, you ask questions don't ask some very profound problems, legal jargon, you should use common words, he can't understand such a profound question, of course, there are some economic crime, duty crime levels are very high, of course, he is not on the law to understand, so easy to understand. You want to ask a question about expected possibility, then he may not understand what meaning, so when asking the questions must be easy to understand.

　　　　Third, should focus on asking questions to ask, why do you ask this question? Why don't you ask another question? What do you aim? To focus on the goal, you need to do to plead not guilty or do Zuiqing defense? You do not condemn innocent defense, in light of the problem, you need to do light offence defense, don't ask about the innocent. So he said innocent, the final results from the first is difficult to identify. So you see is pleaded not guilty, or Zuiqing defense, according to the identified. You know in Chinese innocence is very difficult, our innocence in a few thousandths of the annual work report, the Supreme Court will know, says hundreds of thousands of cases sentenced innocent cases last year, tens of thousands of thousands of pieces, or. So our innocence rate is very low, the Supreme Court in American's review, innocence is about 1/3. So to design questions according to the innocence or light offence defense.

　　　　We are not difficult, so many cases of defense feel very embarrassed. The accused person off for two years, then you can do pleaded not guilty? We think sometimes is not easy, closed for more than two years, the case handling personnel, investigators, prosecutors have awards for meritorious service, the promotion of the promotion, this time to allow the defendant to obey the court decision. A few days ago in Yilin cases, front pleaded not guilty, so if the court convicted, hope to convict a lighter punishment. The defendants have hired two lawyers, a lawyer guilty protection, another pleaded not guilty, it is helpless. So we say when asking questions should focus on your goal to design problems.

Of course, sometimes, you ask him some questions, let him say it, for example by torture to extract confessions by torture, Yougong, etc., by a lot of unfair treatment, the purpose is to let the audience to listen to, and even let the leadership to hear, but he was not in court, he next to the control room, let he listen to, does not mean that lawyers are not aware of this problem, you are very clear, but through his mouth to say.

Another point, pay attention to ask the way, try to avoid stop prosecutors and judges against. First do not use induction way to ask questions, inductive, when you ask a question, the answer is contained in the. The lawyer question can only be directly ask, ask and answer. For example, the money did not receive? He said no charge. Can not be said that after you took the money, put the money where go to? This is a complex problem, or kill you later where to go? This is a complicated problem, because of you the answer is included, first, I'm sure you money, you must kill. So there are many lawyers, he could not understand the similar problems in the court when, by the public prosecutor protested by the judge to stop. For example, some lawyers asked the defendant, then a three time to send the money to you, you don't want to bribe is? This also belongs to complex problems, or that you were with sex woman when she is voluntary, is? This also belongs to complex problems. Should a question and answer, a question asked. He had to send you money? Send. Don't think you want that? Want to. If the induction, the public prosecutor protested, the judges will stop you.

　　　　The second question, don't repeat the question. Some problems of prosecutors have asked, the answer is very clear, also meet your requirements, in line with your ideas, so in this case, you don't need to ask, so you don't repeat, wordy Rory, or all the minor details of the question asked a lot of questions, but the don't ask. Have nothing to do with the case of don't ask, there is a need for a design to the problem.

The following points, questioning techniques also contains you pleaded not guilty or Zuiqing defense? As I said just now. According to these two kinds of situations, you need to consider when designing problem, true to the court, you in the interrogation, ask a question when, also should focus on this, you are innocent defense or Zuiqing defense? There are many cases are generally not guilty of fraud cases, for example, in my experience case, few people say I just want to distinguish subjective, I started trying to cheat. Another black social cases, often the defendant not guilty of the charges, other recognition, such as affray, possession of firearms, tax evasion and so on, I think, but you said I was the black community, you shoot me, I don't think. I also do a lot of black social cases, like Liaoning's Ren Zhiwei, Heilongjiang's big landlords, landlords. They don't think of myself as the underworld, so at this point, both pleaded not guilty, but for other crimes, he may think that, when you ask, should focus on the innocent and guilty in two cases. Innocent around crime enough? All are not enough? Or a lack of, or two are not enough? Because we know that the four constitutive elements of crime, must have at the same time, you have no intention to also be no good, you light the objective. Do you have pleaded not guilty, around the four elements of crime to ask, for example, four characteristics of underworld organization, what, what the monopoly, what violence, you get to ask him, he said that we do not have what organization, also does not have the backbone, have no what rules, nor the formation of what monopoly, nor what violence, you do not guilty about crime to ask, as long as you can prove that a document is not enough, then his crime can not be set up. For example, the underworld, four elements only have one is not enough, so don't condemn him to the underworld organization.

Another fraud, around the subjective intention, because things have happened, the fact is always present, but the key is the subjective aspect, you Is it right? Want to cheat, Is it right? To illegal possession? Around this to ask. Another example of bribery, a lot of people in the investigation stage to admit that I do for money, bribery case also said I send him money, both on the time, place, money, and to say that very well, in this case, you say no money, not reality. Money matters have to be fixed, if you have pleaded not guilty in this case, you should focus on the construction elements of bribery to defend, bribe money is sent, but I'm not in order to seek illegitimate interests, are you doing innocence, should focus on these aspects. Then I is bribery, bribery, but I'm not in order to seek illegitimate interests. Then you pleaded not guilty to around these aspects. What you should do when punishment defense, you ask, should focus on the lighter, alleviate this crime, such as talk ah, surrender ah, this court is lighter, some discretionary, for example you usually do, there is no donate money to a charity organization? There is no to the elderly had sent rice and noodles? You take this man down after no rescue? Or there is no compensation to the injured? This is belongs to the discretionary circumstances, mainly around these things to be.

Another example of rape, then rape often admitted it had a relationship, does the occurrence of the relationship, but he said I do not constitute a crime, then this is often to see Is it right? Against her will. If not what happened, it was sent to the court is unlikely. To design several angles, different levels, different side to ask.

The following is a skill, or pay attention to the problem, according to the situation, timely adjustment of ideas and priorities, ask you to adjust to changing circumstances, you have designed a question outline, but we say things are the myriads of changes, because the public prosecutor asked in court, he asked the question, may put you want to ask questions, he asked you some unexpected problems, so in this case you can not immutable and frozen, waiting for him, you have to adjust to changing circumstances, at any time to adjust, adjust their thinking and focus of your. Sometimes around a problem to many questions, the public prosecutor asked several times, the defender also repeatedly asked several times, so to adjust.

　　　　At other times, prosecutors often ask the defendant, do you plead not guilty today, your confession, but you why that investigation stage? The accused man said I investigation stage by torture to extract confessions, cheat for, inducement, then as a defender, sometimes to the problem of amplification, let the audience to hear, let the leaders are heard, so the defender tried to ask this question, this is I just learned. This is my lawyer with field studies, we sit in an area of Guizhou a few days ago, brothers bribery. In court, the defendant said, I in the investigation stage, are doing something against me, but to tell the truth,48Hours of electricity lighting baked me, don't let me sleep, so in this case do confession. Then the teacher Tian and asked him, I did not hear, you again is how many hours? The accused man said48Hours, what bake you? Electric bulb. Then he said you sure? The defendant said sure. Do you dare to bear the legal responsibility? I'm liable, surrounding this problem in hot pursuit, in order to put this amplification, let everybody know to have this problem, as for me, I rarely asked torture to extract confessions problem, no one can prove it to you. The defender is not present, people detective agencies would not admit. You ask not what good, but let everyone hates you, for you a light sentence this is adverse, according to different circumstances, sometimes need to torture to extract confessions out, need to cause the attention of each respect, have repeatedly said, repeating said, this should be a skill.

　　　　So according to the trial of the case, adjust the way of thinking and focus of your question. Because sometimes prosecutors see lawyers asked, he would then ask questions, in this case you should adjust the mentality, to be prepared, to counter his interrogation. There, the defendant, as I have said in the investigation stage, tend to be guilty, but the court overturned. So this situation, our lawyers asked, you said today that is not the same as before? You said to which prevail? The people often said I to say today is. Of course sometimes do Zuiqing defense, but the defendant in a statement, has pleaded not guilty in the meaning of the answer, the answer is not very honest, in this case you must remind him to you now, you know what makes criminals? Then the defendant is aware, I must confess, has pleaded not guilty to have no hope, he may say I regret ah, it is with deep hatred and resentment.

　　　　Another problem should give full consideration to the personal condition of the accused, the accused person is differ in thousands of ways, violent crime is often degree is very low, very low level, so you had to be easy to understand. Some strong understanding and expression ability, in this case, you should use different ways. For example, for those who are not good at understanding of the defendant, the question you asked, he does not understand, when your lawyer to ask, should ask questions into a specific question, to understand. The defendant is not good at expression, you can ask your words to sum it up, you Is it right? This mean? But this is often the judge to stop, but he is not good at expression, you can do so, the judge to stop it, don't stop to do so. Then the defendant understanding, the lawyer can also put forward some problems, a set of questions, and then let him express it in his own way and language, you ask a few questions at the same time, he also can understand. Then the defendant is very expressive, lawyers can be directly asked a question, he expressed that the defendant, the more specific, more vivid, more convincing, more accessible to the judge's approval, get the audience recognition. In the course of the lawyer asked before, the first question, if the public prosecutor questions properly, a gong, has scolded ah, when a slight, you as a defender, you also can timely protest, protest. This is me questions, it is a stand-alone program, has its unique features, so how to ask some preparatory work, have some skills. Today I'm going to tell you so much, thank you.

(Xu Lanting)