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La Historia Me Absolverá (History Will Acquit Me) is Fidel Castro's self-defense in October 1953 in a trial court in a hospital near Moncada, Cuba. Castro acted as his defense lawyer during the trial, a trial recorded by journalist Marta Rojas (author of The Moncada Trial).
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How to write a sample not-guilty verdict:
1. The first part states the basic information of the prosecution, the parties to the case and their ** persons;
2. The main text clearly states the reasons for the court's innocence of the defendant after trial and the result of the judgment, and the corresponding evidence materials should be attached when necessary;
3. Note at the end of the judgment of Pai Qing Wanming and the signature of the court.
Article 200 of the Criminal Procedure Law.
After the defendant's final statement, the presiding judge announced an adjournment, and the collegial panel deliberated and made the following judgments on the basis of the ascertained facts, evidence, and relevant legal provisions:
1) Where the facts of the case are clear, the evidence is credible and sufficient, and the defendant is found guilty on the basis of law, a guilty verdict shall be made;
2) Where the defendant is found not guilty in accordance with law, a not-guilty verdict shall be made;
3) Where the evidence is insufficient and the defendant cannot be found guilty, a not-guilty verdict shall be made that the evidence is insufficient and the alleged crime cannot be established.
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The structure of the format of the not-guilty verdict is also composed of three parts: the first part, the main body (facts, reasons, and verdict result), and the tail part, and there are reasons for not guilty in the facts, reasons, and the content and writing of the verdict. I. Facts and Reasons: In cases that do not constitute a crime, the method of narrating the facts is also different due to the different circumstances of innocence.
Specifically, there are the following situations: 1. Where it is an unjust case, that is, after trial by the court, the defendant does not have the facts of the crime alleged by the procuratorate or the private prosecutor, the defendant may first summarize the main points of the accusation, and then use the ascertained facts and evidence to deny the alleged criminal facts, and dissect the defendant with reasonable and grounded evidence, so as to clearly affirm that the defendant does not have the facts of the crime that is charged. 2. Where the evidence is insufficient and does not constitute a crime, it should be clearly stated that the accusation lacks factual basis, the evidence is insufficient, and the reasons for the defendant's crime cannot be proved.
3. Where the defendant's conduct is wrong and does not constitute a crime, that is, some of the defendant's conduct is harmful to society, but the circumstances are obviously minor, and it is not considered a crime; Although some defendants possess the characteristics of a crime prescribed by law, they do not reach the level of heinousness and seriousness of the circumstances, and are not considered to be crimes, and so on. 4. Where the defendant has not reached the age of criminal responsibility or lacks the capacity for criminal responsibility and does not bear criminal responsibility, the facts of the case may be briefly described first, and then the facts and evidence that the defendant does not have the age of criminal responsibility or the capacity for criminal responsibility may be emphasized, and finally the provisions of the relevant articles may be cited to explain the reasons why the defendant does not bear criminal responsibility. 5. Where the defendant's conduct is in the nature of legitimate defense or emergency avoidance, a comprehensive and specific analysis and argumentation should be made in terms of means, circumstances, consequences, and other aspects, to explain that his conduct is indeed within the scope of legitimate defense or emergency avoidance, and does not bear criminal responsibility.
6. For the method of describing the facts, the main points of the accusation can be written one by one, and then the facts and evidence verified can be used to deny them one by one. 2. Verdict: Write "The defendant is not guilty."
Legal basis. Civil Procedure Law of the People's Republic of China
Article 152:The judgment shall clearly state the outcome of the judgment and the reasons for making the judgment. The judgment reads:
1) The cause of action, litigation claims, and facts and reasons for the dispute;
2) The facts and reasons ascertained in the judgment, and the applicable laws and reasons;
3) the outcome of the judgment and the burden of litigation or coincidental costs;
d) the period of appeal and the court of appeal.
The judgment is to be signed by the adjudicators and clerks, and the seal of the people's court is to be affixed.
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