At the beginning of the new year, I went to Beijing to attend the fourth session of the criminal defense forum and the 2011 criminal defense summit, during the meeting to listen to the experts and professors and famous lawyer's speech, inspired me, which Professor Chen Ruihua's lecture is brilliant, every phrase a gem, so the lecture professor Chen Jiao published in his blog, so that more of my colleagues, especially criminal defense field colleagues to share.

   Chen Ruihua: I want to tell you is the subject of several strategic problems of the criminal defense, why this subject? Is mainly on account of the criminal defense system with the reform of the judicial system and criminal litigation system and evidence rules gradually perfect, encountered some new problems, the legal system in the event of a major change, the lawyer's criminal defense should have a new suit, process adjustment. Two weeks ago, in the Beijing City Bar Association to a forum, criminal law forum, in this forum, I heard the four famous lawyers say, these lawyers defense practice from the point of view of their own, but also some new subjects are put forward from the development of the legal system of Chinese perspective, for example the illegal evidence in July 1st formally the effective implementation of provisions and exclude the death penalty cases, as a judicial interpretation of the entry into force. Now the method has been in research, the courts, procuratorates and the public security organs in training, very sorry, lawyers on this issue is not particularly concerned, there are some lawyer friend even more pessimistic attitude, think this is a routine work, play a fundamental role in the Chinese not in criminal defense. In the last ACLA criminal business conference, there are also many lawyers expressed such concerns, fears that this rule not implemented.

   The two criterion for sentencing in October 1st last year, the formal implementation of the, is a procedural norms, one is substantive rules of sentencing, sentencing standardization director Wang Jun introduced, from the prosecutor's angle in detail, we are aware of the sentencing regulation created a new space for the defense of our sentencing, because there is now a a sentencing recommendation, the sentencing defense target is sentencing, sentencing defense you to put forward your views on sentencing, sentencing recommendations against how effective, effective give opinions on the penalty, which effectively put on sentencing, favorable to the defendant sentencing circumstances, it would be a test of each lawyer wisdom, courage and courage in the sentencing reform. So that day I listen to hear the new idea of procedural defense, new ideas of sentencing defense such words, so I feel interested in the criminal defense lawyer should pay attention to some major changes occurred in the near future.

   I want to tell you two case, I just want to through the case put forward several strategic several for reference of the problem, the first case is a violent crime, the defendant is accused of intentional injury, with China's judicial practice in common intentional injury, is a muster organizers considered the principal intentional injury crime, conflict the first day of the defendant and the victim, two people mutually invite second day at ten in the morning in a parking lot to meet, the victim is a father and son, the son is a senior high school student, with two students, all with weapons, four people went to the parking lot. In this case, the defendant was found a very good friend, who was trying to provoke me, second days to meet, in a parking lot estimates come with evil intent, you help me to find seven or eight people, said such a sentence, and call to say, his friends to find seven or eight people, he himself to the seven or eight men, there are friends and friends come to the parking lot, according to the available evidence, the victim's son is a raging young man, with a long knife, meet what if it is not a hand to the defendant The knife, the pain difficult run, catch up from the back cut a knife, the defendant down where, this time man ready to brandish a sword cut, the defendant with five or six people he opened, this time the defendant desperately ran to his car, suddenly I heard someone say no gas, please take a look at the past, cut his victims had been one of his personal side of the cut over, coma in the past, this time to shout save matter, the victims have to the car, but also on the two face the victim's father, and the father dear embrace the victim into the car he drive to the hospital, emergency room, a car ran, in the evening to hear people died that night, surrendered, such a process, now prosecutors accused him of deliberately hurt principal lethal crime, the case is so simple.

   A defence counsel in the case, a began to think of becoming a plea of not guilty, obviously does not constitute intentional injury, and in accordance with past practice, I prove that he does not constitute intentional injury is finished, other words did not say, at that time my advice, I heard his defense idea, also saw the files of the case, there are two cases decided this defense is useless, meaningless, the first victims everywhere petition, the petition to the provincial Party committee and provincial government, and have certain reports in the media, and even ready to Beijing to petition, this factor. Second factors, according to the China situation, after all, people die, the victim's life deprived of, a bit of the responsibility not who you're looking for, pleaded not guilty, how much space, in China conditions, but a word of caution, if not successful end pleaded not guilty, sentencing defense no chance, he said how to do? The case finally listened to my advice, I said that the case should be walking on two legs, the first leg argument does not constitute intentional injury, is a personal friend to go against his intention, with a knife, which belongs to the suspect beyond, demonstrate his subjective opinions, not intentional injury, intentional beyond joint intention the criminal intention of hurting that person to death, this point is not enough. Second must point out is not the crime of intentional injury, give him what crime? At the beginning of this law does not accept, how can this be done? Do I not become second prosecutors, this case is like this, so we find articles, think this case if not intentional injury is the crime of affray, proposed two argument, the first argument does not constitute intentional injury lethal defense, submitted to the independence of the courts, a legal opinion second responses demonstrate the case constitutes a crime of affray, after consultation and not enough, because there is no way to mention the sentencing, the past has a fundamental flaw in our system, a fixed penalty defense never had the opportunity to do the sentencing, and too many of the sentencing defense can place, you for the case in favor of the defendant sentencing a few? First, the real implementation of behavior people hurt people beyond the intention, I am not incite him carrying a lethal weapon, subjective malignant is not strong, second, to the scene without demur, the victim is a knife, so the defendant is the real victim, and according to the human body damage identification has a minor injury, the deceased is actually a the offender, my hand has no, third, active rescue, the victims have to the car, on the face of several still save, sent to the hospital, fourth, active compensation, took out 120000 over to the judge, then propose using commit the affray, whereas a minor, a series of lighter punishment, recommended probation, this case three defense opinions were submitted to the court, the first, do not constitute intentional injury crime sentencing to death, second defense opinions weightlifting affray, third of sentencing defense, including the sentencing opinions are put forward on probation, suggestions. The trial court refused to adopt, sentenced to life imprisonment, that he who intentionally injury death, the second to the provincial high court, not a lawyer, but defense lawyers play a role, the provincial high court commuted, constitute the crime of affray, sentenced to five years in prison, the family in any case not think never change five years, the case is the case.

   The second case, a case I want to tell you, is my experience, I give him out of ideas, vice mayor of a city was accused of taking bribes, a trial lawyer only fixed penalty of bribery, bribery amount 21000000, procuratorate accused lawyers to argue off one of the 10000000, a total of five pen 10000000 insufficient evidence, the court of first instance rejected, sentenced to death immediately, if one can sentenced to death immediately, a review process to a solicitor, contempt for lawyers, with a statement of defense to pick grammar problems, to the second families have a sense of dependence on lawyers, how a second case? Then look at the volume, the first to play this lawsuit, sentencing defense worthless, resolution ten million how, and in China facts unclear, insufficient evidence, can argue, but with little success, I proposed to continue to debate, but must be stripped out, submit a separate insufficient evidence, defends the idea that facts are not clear don't dilute, the following. Second, focus on the sentencing defense, submit a sentencing defense opinions, the conviction and sentencing defense Banhu separated, at present is very simple, the lawyer under a lot of Kung Fu, sentencing defense, in order to destroy four pen about 10000000 bribery amount, the drafting of a 58 page, as long as the sentencing defense opinions put it in later, because the most critical part of the sentencing defense is ground in the text, I do not see this, the judge does not see this, the core of the case is for help, you want to be innocent defense is not possible, out of 10000000, and 11000000, the key to this case in where? The accused has some plot worth considering. First, although is one of the largest amount of bribery in the province since the founding of the bribery case, 21000000, attach great importance to the Local Discipline Inspection Commission, but there is a remarkable place, even the procuratorate agree, the case has close to 12000000 is not to his own pockets, to his family, including relatives of bribery, the cement, steel bar to his family. Second, all of the money is his own initiative metasomatism out. Third, all the 21000000 all the spoils, take all the time cards, shopping cards, credit card, is a card of the ocean, in fact, not a penny to squander, national ethos and to what degree, two people of connubial secretly watch TV at home, take the curtains pulled, knock on the door does not meet, don't answer the phone, as long as the door cards came in, but honestly what people what time to the card out a list, let's Procuratorate, provides great convenience. There is also a this case first instance found guilty, bad attitude, to have made a great record in the defense, as you all know, the defendant's appeal is divided into two parts, one part is the fact, is part of the applicable law, due to their high self-confidence, as a professor, lawyer and a bit is not respected therefore, in court is a powerful and unconstrained style, nonsense, the defense is so debate, this pen? There is, however, not not bribery, almost half of the amount is, the judgment written like this, even though the defendant admitted the facts of the crime, but the attitude is not good, after the trial lawyers took over, initially sentenced to death with reprieve, have met 18 times, with firm and indomitable perseverance, in this case, saved his life., two aspects, first, must do his work, this is a lawyer jargon called counseling, called training, emphasizes the importance of why lawyers? The defendant as long as the lawyer with the bad, the end of the road, so the lawyer can't when the independent counsel, must take the party, grasp the principal, a later lawyers to do his work again, you just said first half sentence OK, but don't say, didn't accept, finally accepted the the judge asked you, what say what, just tell the truth, the last saved his key life, in the second instance court is doing very well, has become the important reasons to death.

   Another point, the case for the last ten years of judgment, make legal assistant to find all the judgments, for this case, at least for the five case, find out the five cases, attached to the sentencing defense opinions inside, and the verdict is attached to the defense, a total of three copies the first is the fixed penalty, defense, second is the sentencing defense, the third is the supplementary materials, did not have too big bottom, hearing effect is good, one day the lawyers received a phone call, to him to verify some lawyers in the case, how do I see the previous one? The judge replied only that we don't see, focus on the sentencing defense, this case is an example of sentencing defense success, finally commuted the sentence.

   Why talk about the case? The following is a summary of several, several new criminal defense.

   First, my basic view that innocence is still defending the crown jewel, say these are not all the innocence, to three in China, the first truly innocent, innocent, to the right to fight to the end, cannot compromise, innocence is not compromised.

   Second, pleaded not guilty to the court formed a fierce defense, only pleaded not guilty to achieve real plea, make the prosecution and the court of law pay close attention to the real, if done up on the sentencing defense, not pay attention to you.

   Third, pleaded not guilty to the charges can be used as an important means to compromise, difficult in our innocence is successful, this is the problem of judicial system, judicial system reasons caused, can't change within a short period of time, from the perspective of legal theory, of course we advocate not guilty defense lawyers, from the practical point of view innocence, can play a strategic approach. The plea of not guilty, let the judges felt conviction difficult, also dare from the weight penalty? This is the court interior logic, called leave adequate leeway judgment, even reluctant to leave adequate leeway conviction, sentence, a lighter sentence, from this point of view, pleaded not guilty finally home or punishment. China has many successful precedents, do some evidence to prove it. This is the point I want to say, defend the largest space. Cross the first "criminal law" and "civil law" is a vindication of the maximum space, especially the contract fraud, financial fraud, to understand the basic principle of tort of contract, the police do not understand, procuratorate don't understand, lawyers do not understand, scholars also do not understand, sometimes can study a theory, can play its effect, especially the contract fraud, ten is 9.5 not guilty, bring the factors beyond the law. Second, pleaded not guilty of space, between crime and administrative illegal crossing, some illegal administrative non said to crime. Third, there is a kind of new crime, the law does not expressly but is harmful to the society, in the court's judicial practice, law shall be investigated to find the unknown, an adjacent crime, judicial analogy. In fact, Xu Ting case is a classic example of the not guilty verdict, it is the direct use of crime in law to argue. China social transformation today, the legality becomes the direct defense weapon. Fourth, related to the crime and non crime, conviction and struggle, involves many problems of criminal law. Innocence summarizing it, mastering the type, analysis type, pleaded not guilty in a saying is, and hurt the ten off as one of the means to have a firm and indomitable perseverance, stick to it, but I do not advocate the motionless pleaded not guilty. Lips move say so, this problem is much complicated, pleaded not guilty tend to lose the opportunity to many sentencing, judge has resentment, to make sure the quasi, battle of.

   I went to the area, but did not go to some place far outside Tibet, the country most of the lawyers association has been to. I also heard that there are some dare to struggle for the rights of lawyers, Zhang Lin innocence innocent, each province, Yunnan has a known as horse not guilty, he is my defence must let him argue, a lawyer is not the case, I believe only a, our lawyers to enter the error District, innocence is the highest realm, completely mistaken, in USA, defense real innocence about 5%. Countries all over the world, innocent defense space is very small, so the China is no exception, in China such conditions, there are many specific difficulties innocence, a basic conclusion I pleaded not guilty, careful, do not fight the battle unprepared.

   Second, about a defense of new felony misdemeanor defense, instead, often occur in the view of the prosecution and the court is not the same, individual prosecutors have heavier pursue the concept of punishment, not legal supervisors, with a heavier punishment goal, a left thinking in the development of. The public prosecutor is basically a party system in our country for many years, to force out the provisions of the law, prosecutors can be avoided, but our system evaluation mechanism we forced him to civil litigation the plaintiff does not have what difference, see the red eyes, a public prosecutor such, such a assessment mechanism with lawyers in the relatively opposite position. So what's my point of view? In the following circumstances can do a felony misdemeanor defense reform.

   The first death penalty case, I believe the death penalty cases, a felony to misdemeanor, the death penalty cases into no death case, this is a big success, we have analyzed the China death penalty cases, found that about 50% of the cases, the lawyer pleaded not guilty, right? Of course, but a death penalty case pleaded not guilty, one of the most terrible risks, make a plea of not guilty have no chance to make sentencing defense, even to save his life didn't have a chance. We have a special research over the past ten years China level above cadre, the media fully reported corruption trial, the results found in the Commission for Discipline Inspection. In the case, we have some lawyers fear of power, pleaded not guilty, but unfortunately the success rate of 0%, the Supreme People's court statistics, innocent the defense case, if not successful, save opportunities for the delays, some important sentencing did not have the opportunity to carry out, so I think the death penalty cases felony misdemeanor is modified by rational choice, such as common in practice, corruption and bribery to embezzlement, drug transport to drug possession, intentional injury to the crime of affray, we have a lot of crime in the area of the cross, can change the felony misdemeanor.

   The second is the prescribed punishment wrong case obviously, some prescribed punishment is obviously wrong, it is intentional injury, results in the non into the underworld, often prescribed punishment is wrong, said the defendant point does not matter, not reality, this time can be a felony to misdemeanor, this is the political crime into ordinary crime, the defendant out of danger, so I don't think a felony misdemeanor all changed circumstances can be implemented, two cases of death penalty cases, a modified non death penalty cases, one is the sensitivity to general cases, if this success can have two effects, first, the felony criminal, second to the court under the steps, we can be summed up as, ladder theory, in addition to destroy the prosecution charges, gave a step, a step, when necessary, fully demonstrated why a new crime? Let more judicial circles to support your point of view, but also because you did not do pleaded not guilty, and you will not be in conflict, does not constitute the crime, Is it right? Consider constitutes another crime. The first case just said, not only on does not constitute intentional injury, demonstrating the affray, lay the legal foundation for the second instance court commuted.

   Why change the felony misdemeanor? Legitimacy in where? We want to persuade their legitimacy. First, a felony misdemeanor is a modified defense level under the current conditions of realism, very realistic, embodies the lawyer occupation moral highest, bear a duty of loyalty, duty of loyalty, loyal to your customers, so that customers can get the maximum benefits, the starting point is down, the objective is the customer the interests of the greatest satisfaction. Second, it is the highest realm of sentencing defense, modified by felony misdemeanor, sentencing down. I don't think that apply in every occasion, there is a restriction. Of course, that there are some confusion, some two criticism, first, the lawyer into second prosecutors, prosecutors did not think the charges, was the public prosecutor didn't think this counts, you think, against the defense lawyer occupation morals, second criticism, sometimes against the defendant's will, the defendant pleaded not guilty to you, you do not change the felony misdemeanor defense.

   The first question, we believe that a felony misdemeanor itself from a felony prosecution change into a misdemeanor prosecution, found a beneficial to the client's decision path, itself no ground for blame. Second, as for the said the defendant does not agree with the problem, a felony to misdemeanor must communicate, communicate fully with the defendant, is a prerequisite for the defence, because the defense is to plead guilty to do, but also to the public prosecution to the court, provided the new charges, to win the client support, more communication with the defendant, and told him the case to what extent.

   A point of view when it finally summarizes, lawyers must have his own defence, defence strategy ideas across to his client, should not over emphasize the independent counsel, he doesn't understand easily conflict occurs, the differences of opinion, the last defense views, offsetting, even the best efforts, the result the parties do not understand, scold you everywhere, The loss outweighs the gain. The lawyer as a principal agent contract, should be faithful client maximum, which is the mark of communication and negotiation, warned, you as a professional legal, persuade the client, the client has the basic trust in you, if this point do not, this kind of principal-agent relationship could not be established.

   Third problems about procedural defense, procedural defense is difficult, almost inaccessible, so although the exclusionary rule of illegally obtained evidence in July 1st officially came into effect, I think is very difficult, in Chinese let a court to illegal evidence exclusion outside the court, not as a basis, weakening the prosecution's evidence system, there may even constitute the innocent, may? We think this is a very difficult matter. Why the Supreme People's court to issue such a rule? Why even the Political Bureau of the Central Committee, the central committee leaders signed the two rules of evidence? A political perspective here need to consider.

   First, the exclusionary rule of illegally obtained evidence, avoid miscarriages of justice, vice president of the Supreme People's court, the judges of the book, to establish the exclusionary rules of illegal evidence have only one purpose, to prevent miscarriages of justice, Henan Zhao Zuohai case were the direct causes of the regulations, in order to quell the discontent of social justice, engage in the illegal evidence the rules, to reduce the miscarriages of justice. But I will say that a problem, in one case, you want to prove a torture to extract confessions may result in miscarriages of justice, by a lawyer to prove he, are harder than ever, how to let the judge that the evidence is illegally obtained, if the adoption is unjust, that there are several layer responsibility, the evidence is illegally obtained, second showed that illegal evidence in evidence of false, third to prove the relationship between the evidence system of major, fourth proof that this evidence is the adoption of miscarriages of justice. There is no way to prove, is a possibility. We are the exclusive rule of illegal evidence the deep problems, the biggest problem is that our argument is illegal program had to be eliminated, the court's logic is illegal procedure does not necessarily preclude, result in miscarriages of justice to exclude. This is today the exclusion of illegal evidence in the key cannot China. Because lawyers and judicial way of thinking is not convergence, do not open the letter that Zhang Jun, Law Publishing House of Zhang Juntian Wenchang to engage in criminal procedure of PDJ three people convicted of torture to extract confessions, Tian Wenchang, as a representative of lawyers expressed most lawyers voice, torture to extract confessions, must be fired, for reasons that are not legitimate, illegal, a violation of due process, Zhang Jun and Jiang Wei, they say, go back and see, what is it doesn't matter, for the crime of torture to extract confessions torture to extract confessions, as long as no miscarriages of justice as it doesn't matter, judges and prosecutors only pay attention to the results, the lawyer is program centered way of thinking, this is the legal person sorrow.

   So we can draw a conclusion, my lawyer friend, when all of the procedural defense, there are several strategic point of view we should reference, we must admit that a premise, our defense is not automatic speaking, we want to convince the judge, since want to convince the judge, will be to convince his theory, there is no law theory, law using theory to strengthen the provisions. First, the procedural defense must prove serious illegal, such as torture to extract confessions seriously to what extent, violated the rights of citizens, violated the basic norms of international recognized, it can prove, that the degree of infringement, illegal degree, the degree of frightful to the ear, and can lead to harm China back history of torture to extract confessions. Second, we must think of a way to prove this evidence is very crucial evidence, the evidence once adopted, will affect the establishment of the evidence system and untenable. Third, the key argument, as long as the adoption of the evidence, the evidence system will collapse, miscarriages of justice will occur, lawyers with the judge Chinese to dialogue, the results wrong, unjust, duty, responsibility for public security organs. Like the case of Zhao Zuohai, in fact, to the public security organs is a lesson, they are victims, regardless of what to do when, accept the case, should bear the responsibility. I believe that no one is willing to cause miscarriages of justice, not only lawyers are not willing to, public security organs is not willing to.

   There is a point of view make procedural defense, not blindly fight, skills about a lawyer, blindly against only the contradiction intensified, the intensification of the contradiction is often through a lawyer too fierce words, too no mercy words cause, truly wise counsel to focus on yourself in to convince a judge who, not with the public prosecutor vindictive, with the public prosecutor's meaningless, sudden trouble and risk, so for the judges understand the language of this thing, so this can lead to three kinds of literature as a witness, to defend the first, cited the Supreme Court vice president of speech the article, put forward a real lawyer's way of thinking, the judge judges to persuade, don't like politicians everywhere preaching the speech, political belief, religious belief, to save them, so we have not distinguished lawyers, limits of political activities and professional activities, keep his own academic point of view, religious belief, faith academic expressed in court, the results of their own client delay, as a politician has to play the role of the stage, in court, you just trust The agent, will always remain loyal client interests, this is your first occupation moral, so to impress the judges in the language and style. Second, can go to find the previous case, the previous case is the best defense weapons, more than all the theory. The third, want to as far as possible to find, for example, the exclusionary rule of illegally obtained evidence of legislative intent, what are some background paper published, demonstrated. Our country's legal system is not developed, our system of justice is not developed, sometimes a slave, in fact the law philosophy behind the need to demonstrate, the lawyer's persuasive defense is the power of reason. Fourth, about the sentencing defense, with director Wang Jun said sentencing reform together, I think China past sentencing defense, but did not reach the degree of specialization, the sentencing defense past three, I have three books recently, a special chapter of sentencing defense, January has just published a book, there are a lot of problems did not begin. We used to have a sentencing defense but not professional, its lessons manifested in the following aspects.

   First, the mainstream industry lawyer's point of view, on the whole the sentencing defense is not as the highest level, the highest state is innocent, all experienced lawyers, most willing to apprentice teaching experience is innocent, often attend the lawyers of the activities, the host introduced a lawyer, a lawyer, a few a successful defense of innocence, under the warm applause, never say do sentencing defense is successful, he does not think the success, so in the course of time created a culture, to defend as the standard of success, neglect of sentencing defense.

   Second misunderstandings, we used in the sentencing defense issues, the sentencing defense as a legal aid lawyer patent, profit is the public interest lawyers, but in the industry, a legal aid four words, unfortunately reduced to the status of legal aid, legal aid itself to do many lawyers do not live up to expectations, do not look at the volume, not reading, not investigation, the court threw out three minutes, defend past sentencing often do, but the effect is not good. There is a mistake, we used to do sentencing defense think that is very simple, very little attention paid to sentencing defense, never investigation, not to study its rules, the concept of despise him, tactics do not fully prepared, in the two case in Shanghai and Shandong, the two case is when carefully prepare, all defense director of a local legal aid center to do the sentencing, Shanghai's defense is a trouble, the two defendant was charged with affray, the two children an adult and a minor, sporadic small ads in the Shanghai Red Cross airport, to earn meager income, results when the Beijing Olympic Games Shanghai airport, regulation, not allowing them to send advertising, the two men take bricks threat group of taxi drivers, for a pack of cigarettes, not to mess up your glass, for fifty cents, then seized by the public security organ, the procuratorate to disturb the prosecution to the court, the fact is very clear, that is the problem of sentencing defense, our lawyer in court a don't prove a viewpoint, his logic is, because Shanghai City Hall so they don't send advertising, leading him to have no way out, therefore embarked on Crime The road, please the court considered the crime motive, the public prosecutor is a woman, a female prosecutor, one for barge back, because he can go without the road, to kill, so consider his motivation, the motivation is worth considering? A 19 year old, a 17 year old, can do a lot of work, have unlimited choices, not to not live level, with floor to frighten drivers, get a pack of cigarettes, to such a degree, Is it right? Only choice? We can only say that the lawyer did not defend any sentencing preparation, and once in Shandong sunshine, a grassroots courts, the light injury case, prosecutors asked three sentencing defense, the first surrender, second compensation, third court authentication and good attitude, lawyer, please say sentencing suggestion, saying so, I have nothing to say, prosecutors have said what I want to say is finished, you have the opinion? I suggest that judging from sin, ditto, I said Jia lawyers, ready? No, this afternoon I received, I say what you do, that the defendant? Before the Court opened about ten minutes, no investigation, no preparation, we see the effect.

   A few basic elements, the sentencing defense sentencing defense, four basic points.

   First, the focus of sentencing defense is to refute the prosecutor's sentencing recommendation, put forward the sentencing suggestions, this is your key, formed the confrontation, except if and prosecutors agree,, if not, to put forward their own views, this is the first point defense. Jiangsu in a Yangzhou court, a lawyer defended brilliantly sentencing, demonstrates the prosecutor proposed corruption case, second the accused accomplice, suggest sentenced to three years in prison, resolute don't agree, not only did not agree, this is called give tit for tat, clear published sentencing view.

   Second elements, priority among priorities of sentencing defense is the circumstances of sentencing, sentencing is the smallest cell of sentencing defense, for lawyers is divided into two kinds, one is in favor of the defendant, a is not conducive to the circumstances of sentencing, so be wiped out in favor of the defendant sentencing opinions, arguments in favor of the defendant sentencing opinions, including statutory, including discretionary circumstances, distribution law to study and sentencing. The attorney for the defense sentencing, legal circumstance for sentencing is certainly important, especially on discretionary circumstances, because the public security organs China, procuratorial organs China not over emphasis on discretionary circumstances, and discretionary circumstances sometimes can play the game effect, in recent years as more than a dozen successful cases, some death sentence with reprieve, some felony misdemeanor is changed, a two discretionary circumstances play a revolutionary role. A few examples, the fault of the victim, the victim fault demonstration, led to an important cause, crime of second, criminal record, is often neglected, third, criminal reconciliation, compensation, fourth, made the victim's forgiveness, sometimes from the death penalty to non death. For instance, evaluation of social public, Shaanxi villagers kill CunZhiShu case, tens of thousands of villagers joint requirements, requirements under the gun to keep people, then the social evaluation of the defendant is very high, full of sympathy for him, and A thing for it. Or a special contribution to the people, have a special contribution to the defendant, may consider. So we should pay attention to, serious study of sentencing some discretionary, sometimes play the game effect, this is the second elements.

   Third elements, is a positive hard full investigation, investigation power, plays a critical role in the sentencing defense, the reason is very simple, no matter is the investigation organ or the prosecution mainly pay attention to the legal circumstances, expect China investigation organ to the discretion of the plot, not reality, so compared with innocence, to investigate the role of sentencing defense is particularly important, found that the prosecution did not master discretionary circumstances, a surprise move, let the public prosecutor in court to be rendered speechless, sentencing defense mouth realm. A case of Yangzhou, we sit under at that time, there are many judges, many scholars open viewing hall, two lawyers to the second defendants, the first defendant is the husband, the wife is second, two couples common corruption, corruption and 690000 husband, wife to husband 190000, prosecutors recommended is 10 to 13 years, his wife suggested that 13 years, the lawyer suddenly took out two key evidence, the first family, husband and wife two people above 4 people, three elderly paralyzed in bed, an old man, a brother-in-law, mental illness, two people of connubial child just four years old in kindergarten, a couple of lover about 600000 are public deposits, deposits is zero, the family structure such as the audience speechless, speechless, prosecutors, lawyers finally just gently say, this couple two people were sentenced to death, enabling the Yu Weihu harmonious society? The most important evidence for the second case prosecutors ignored, husband to wife to get caught, when notice of detention active confessed to her husband that common corruption, but also with the anti corruption Bureau people at home to deposits are removed, the people do not attach importance to the plot, the lawyer thought to constitute surrender, prosecutors that do not constitute a surrender, both sides dispute, the plot itself is very important. When the court debate when the two plots, towards the end, the people raise their hands to ask for the floor, was filled with pity for the second defendants, the sentencing suggestion to probation, take the initiative to give up, think again not give up feel cruel. You see, in the sentencing defense, the absolute can't beat rate ten, the lawyer has an absolute advantage, as long as the investigation, if discover discretionary circumstances.

   In the sentencing defense must be able to demonstrate their views on sentencing, to prove that the sentencing, sentencing sentencing demonstrates the effect of the results, a comprehensive demonstration. I think the whole courtroom argument is based on sentencing opinions to prove, to claim their views to sentencing judges accepted.

   Finally, want to give you a lecture lawyer several defense skill practice and good effect in recent years.

   First, from just two cases we found, the first technique and the dialogue, with the judge's thinking to convince a judge, means that we should not only quoted article, citing academic point of view, citing previously written judgment, quoted the judge wrote the article, with the judge's thinking to convince a judge, it is very useful defense thinking. Second, when the appraisal conclusion some difficult cases without identification methods apply for re identification very difficult, to learn a skill, learn to make identification of the appraisal conclusion, now the reform of the judicial system is not complete, it is difficult to apply successfully added identification, the identification of the conclusions of the prosecution is destroyed, was not finished, apparent violation not cleaned with more authoritative experts put the appraisal conclusion is destroyed, the defense effect, that is to say, the appraisal conclusion to let the court does not adopt the prosecution, although the court does not adopt my authentication conclusion, but I succeeded, in China is a kind of feel helpless method. Third, we must learn to trust people, especially people in court on the full communication in front of the court, we believe that the attorney client communication is a ruler and loyalty to the interests of the client, also solves this problem for the defense lawyer who, it is the lawyer's professional ethics, a a fully reflected the lawyer occupation morals, conflict between to avoid unnecessary with the client, best efforts, thankless, the reason is very simple, he says, a plea of not guilty, a guilty plea, the judge be rather baffling at all, we still debate, the lack of communication the lack of coordination, forget, commissioned by the talent is real to service object. The fourth point of view, must learn to put political issues and religious issues, into legal issues, legal issues to discuss only the court, to use the law of thinking to defense, not political, social issues, human complicate things, so even for sensitive documents, political cases, black the social nature of the case, must stand in the law of human thinking to defend, do not easily speak about her political views, to clear the defense career and political career, your political beliefs never mind, today is not suitable to express, in only one sentence, to get rid of some performance components defense unrealistic, towards professionalism the defense road. Thank you all for coming.