For criminal suspects, the right to a defense is an important right of their own, and by exercising this right, they can safeguard their own interests. So, what are the tips for criminal defense?
What are the tips for criminal defense
1. Discretionary circumstances in nature: From a legal point of view, indirect intent relative to direct intent and passive omission relative to positive action are all discretionary circumstances for mitigating punishment that are often considered in judicial practice. For example, in judicial practice, the punishment for passive bribery will be lighter than that for active bribery, and the punishment for indirect intentional homicide will be lighter than that for direct intentional homicide.
2. Discretionary circumstances of the degree of subjective malice: There are differences in the severity of punishment between criminal offenses arising from civil disputes and occasional criminal offenses, sudden crimes versus premeditated crimes, and crimes motivated by righteous indignation versus crimes committed for no reason.
3. Discretionary circumstances formed after the crime is committed due to the confession of the crime or the return of stolen goods: A person commits the crime of smuggling ordinary goods, and the amount is especially deserving of death, but the court gives him a light death sentence with a suspended sentence on the grounds that he "surrendered himself after the crime occurred and confessed the crime".
4. Discretionary circumstances in terms of the number of crimes: Occasional offenders relative to habitual offenders, and first-time offenders relative to recidivists, are all punished lightly.
5. Discretionary circumstances in terms of beneficial interests: In a smuggling case, a person committed the crime of smuggling ordinary goods and should have been sentenced to death, but the court considered that he was "not the owner of the smuggled goods" and imposed a light death sentence with a suspended sentence.
6. Discretionary circumstances in terms of sentencing balance: Case law has not been implemented in China, but courts often have to consider the sentencing of similar cases by the higher court and this court, and also consider how to raise the level of each defendant in the same case. We evaluate that the court's judgment actually divides the principal offender into three situations: "serious principal offender", "ordinary principal offender", and "secondary principal offender", and the sentencing has also been graded. In other cases, there are not a few cases in which accomplices are ranked in order, and in fact accomplices are divided into "serious accomplices", "ordinary accomplices", "minor accomplices" and other situations. This is also the reason why in criminal cases, there are often different sentences between the principal offenders and different sentences between accomplices.
7. Discretionary circumstances that can be spared the pain of imprisonment: As long as the defendant will not continue to commit acts that endanger society, the defense lawyer may recommend that the court impose a suspended sentence if the defendant can be sentenced to short-term detention or fixed-term imprisonment of not more than three years at the time of sentencingIn the case of a controlled sentence under a sub-article of the Penal Code, the defence lawyer may recommend to the court that the sentence be controlled.
The above is an introduction to criminal defense skills, and it is best to find a defender to defend yourself when conducting criminal defense, so that you can also strive for the maximum benefit for yourself. If you have any questions about criminal defense, please feel free to contact us.