In the case of causing the accident, full responsibility, everything is admitted, how to write a def

Structure of the defense statement in a criminal case: 1. The title of the first part (1). Write the title on the first line.

2) Greetings.

3) Introduction. It mainly includes three contents: 1. Affirming the defender's legal status and the basis for appearing in court; 2. What work did the defender do before appearing in court and the content of the defense; 3. The defender's basic views on the case as a whole.

Specifically, it is expressed as follows: "Presiding judges, adjudicators, and people's assessors: In accordance with the provisions of Article 1 of the Criminal Procedure Law of the People's Republic of China and Article 25 of the Lawyers Law of the People's Republic of China, the provincial and municipal law firms accepted the entrustment of the relatives of the defendants in this case in accordance with the law and appointed me as the defender of the first instance.

After accepting the commission, I carefully reviewed all the case materials, met with the defendants, and conducted a lot of investigation and evidence collection. After careful investigation and rigorous analysis, I believe that the facts of this case are unclear and there are many doubts, and it is difficult to make a verdict. The following defense opinions are hereby issued in accordance with law:

2. The main text shall be divided into the following parts when specifically preparing the defense statement:

1) Reasons and points of view of the defense. This part is the core content of the defense.

2) Conclusion. The conclusion is a summary of the defense. Generally speaking, there are two contents: one is the central point of the defense, such as innocence, guilt but minor crime, etc.; The second is to make recommendations to the court on the handling of the defendant.

3. The name of the defender and the time when the defense statement was delivered shall be clearly written at the tail of the tail.

Format of defense statement in criminal case: preface to defense statement (three main contents: first, affirm the legal status of the defender; the second is to talk about what work the defender has done before appearing in court; The third is to talk about the defender's basic views on the whole case.

The defense (is the core content of the defense. It is the main purpose that the defender wants to expound in order to protect the defendant's lawful rights and interests, and should proceed from the facts of the defendant's conduct and refer to the relevant legal provisions to demonstrate that the defendant is not guilty, that the crime is minor, or that his criminal responsibility should be reduced or even exempted. Therefore, it is usually about whether a crime is constituted and what kind of crime it is.

Theft Defense.

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The defense statement is based on the other party's complaint.

Legal analysis: firstly, the circumstances of the client in the case, secondly, the circumstances of the defendant in the case, as well as the good attitude of admitting mistakes and the relevant legal relationship, etc. Finally, summarize the defense, apply the probation, the signature of the defender and the defendant, and the time.

Legal basis: Regulations for the Implementation of the Road Traffic Safety Law of the People's Republic of China

Article 91 The traffic management department of the public security organ shall determine the responsibility of the parties to the traffic accident according to the role played by the behavior of the parties involved in the traffic accident and the severity of the fault.

Article 92: Where a party escapes after a traffic accident occurs, the party who escaped bears full responsibility. However, if there is evidence to prove that the other party is also at fault, the liability may be mitigated. Where a party intentionally destroys, falsifies, or destroys evidence, it bears full responsibility.

The defense statement for traffic accident liability disputes should be the specific title of the first instance word, and there is also an honorific title for the presiding judge and the adjudicator, explain clearly to the presiding judge the facts of his entrustment, and explain the entire process of the case, the responsibilities that need to be borne and some of the reasons for justifying it. Plaintiff XX first-instance ** words Respected presiding judge and judge: XX Lawyer Office accepted the entrustment of the plaintiff XX in this case in accordance with the law, and appointed lawyer XX to serve as the first instance litigant of this case and participate in the litigation activities of this case.

After accepting the entrustment, the ** person did the necessary work before the trial and appeared in court to participate in the trial of the case. Now, based on the objective facts of this case, combined with the relevant legal provisions of Mu Chi, ** person puts forward the following ** opinion: The facts of this case are clear, and the defendant XX should bear the main responsibility for the accident.

According to the determination of the "Road Traffic Accident Identification" issued by the Traffic Police Brigade of the XX Public Security Bureau, the defendant XX violated the provisions of Article 21, Article 47, Paragraph 2 and Article 48 of the Road Traffic Safety Law of the People's Republic of China, driving a motor vehicle with potential safety hazards (steering, braking, circuit lighting, and tires do not meet the technical conditions for the safety of GB7258-2004 motor vehicle operation), overloaded driving (nuclear load of 1t, actual load, and failure to take avoidance measures when pedestrians cross the road, The traffic violation was the main cause of the accident, and it was the main fault that led to the accident, and he should bear the main responsibility for the accident. The determination of the accident by the Traffic Police Brigade of the XX Public Security Bureau was objective and fair, and the law was correctly applied.

Article 51 of the Provisions on Procedures for Handling Road Traffic Accidents.

If the parties have objections to the determination of the road traffic accident, they may submit a written application for review to the traffic management department of the public security organ at the next higher level within three days from the date of delivery of the road traffic accident determination.

The application for review shall clearly state the request for review, its reasons and main evidence.

Article 52.

The traffic management department of the public security organ at the next higher level shall make a decision on whether to accept the application within five days after receiving the written review application of the party.

Article 53.

Within 30 days from the date of acceptance of the application for review, the traffic management department of the public security organ at the next higher level shall review the following contents and make a review conclusion.

The main content of the defense statement of the defendant in the traffic accident is: write down the respected presiding judge and people's assessor, write a certain lawyer to accept the client's entrustment Wu Mumo as the defender, and then state his own defense opinions in a slow tone, in terms of sentencing, say what his client has made efforts, and finally write what the court and the defense lawyer signed.

Answering the requirements for writing a defense statement for traffic accidents: Mainly focus on the facts of the defendant's crime, subjective motives, less harm to society, and the polarity of admitting mistakes. The defendant in this case, Chen, voluntarily surrendered after committing the crime, and truthfully confessed his crime to change the facts, and may be given a lighter punishment.

Legal basis: Article 33 of the Criminal Procedure Law of the People's Republic of China: In addition to exercising their right to defend themselves, criminal suspects or defendants may also retain one or two defenders. The following persons may be retained as defenders: (1) lawyers; (2) Persons recommended by people's organizations or persons suspected of crime or the defendant's unit; (3) The guardians, relatives and friends of criminal suspects or defendants.

Persons who are currently serving a criminal punishment or who have been deprived or restricted of their physical liberty in accordance with law must not serve as a defender. Persons who have been dismissed from public office or have had their lawyer's or notary public's practice certificates revoked must not serve as defenders, except where they are the guardians or close relatives of criminal suspects or defendants.