Lesser offense defense

Several common defense methods for lighter crimes:

• Criminal responsibility defense

Criminal responsibility refers to the ability of a person to recognize and control his or her own behavior in order to commit a crime and bear criminal responsibility. Even if a person who does not have criminal responsibility has committed an act that objectively endangers society, he or she cannot become a criminal subject and cannot be held criminally responsible; if the criminal responsibility is weakened, the criminal responsibility will be appropriately reduced accordingly.

When defending on the grounds of criminal responsibility, the following aspects should be noted:

1. Age of criminal responsibility.

2. Criminal responsibility of mentally ill persons. The different criminal responsibility due to mental reasons are divided into the following situations:

(1) Mentally ill persons who are completely without criminal responsibility;

(2) Mentally ill persons who are fully criminally responsible;

(3) Mentally ill persons with limited criminal responsibility.

• Criminal responsibility of the deaf-mute and the blind.

• Subjective malice defense

The subjective aspect of the defendant when committing a crime is not only an element of the crime, but also a factor that the judge should consider when sentencing. It may be a very critical reason for the conviction and sentencing of some crimes.

This defense method is often used in the following situations:

(1) Excessive defense, imaginary defense or excessive avoidance of risk;

(2) Crimes committed out of righteous indignation to punish serious offenders;

(3) Preparation for crime, attempted crime or suspension of crime;

(4) First-time offender, with good study and work performance, this defense method is more effective in minor crimes;

(5) Crimes of passion or sudden crimes stimulated by accidental events such as civil disputes;

(6) Crimes instigated by others.

• Defense of negligent crimes

1. The conviction and sentencing of negligent crimes in the Criminal Law are significantly lighter than those for intentional crimes. Defending the defendant on the grounds of negligent crimes is an analysis of the defendant's subjective state at the time of the criminal act. When claiming that it is a negligent crime rather than an intentional crime as charged by the prosecutor, the defense lawyer shall bear the burden of proof to prove that the defendant is negligent, and the standard of proof shall be such that others reasonably believe that the defendant is indeed guilty of negligence.

2. Some crimes can only be negligent crimes, not intentional crimes, such as traffic accidents. This type of crime is generally a result crime, requiring serious consequences. When handling such cases, defense lawyers should focus on evaluating the results of the crime and convince the judge that the results of the crime are not as serious as the prosecutor believes, in the hope of a favorable verdict for the defendant.

• Unit Crime Defense

The punishment provisions of my country's Criminal Law for unit crimes and the general judicial practice are to apply property penalties to units and lighter penalties to natural persons, especially without the death penalty. Therefore, when lawyers handle such cases, they need to analyze the evidence to see if they can make a claim for unit crime.

• Crime Defense

Criminal defense means that although the defendant has committed the alleged criminal act, the lawyer defends that the crime violated by the act is not a crime with a heavier penalty charged by the prosecutor, but a crime with a relatively lighter penalty, requiring the People's Court to make a correct judgment.

Although the alleged criminal facts are correct, the prosecutor often accuses the crime inappropriately, such as prosecuting illegal detention as kidnapping. When lawyers conduct a crime defense, they must be very clear about the difference between the crime charged by the prosecutor and the crime that the lawyer believes, especially the difference between the objects violated by the two crimes.

 •Causal relationship defense

For some crimes, the occurrence of the result is the result of multiple factors. Such cases require defense lawyers to carefully analyze the relationship between the criminal behavior and the consequences of the crime, as well as whether there is intervention at other times outside the case, and whether these intervening factors may interfere with the causal relationship between the criminal behavior and the criminal result.

. Criminal role and status defense

When defending a defendant in the same crime or group crime, the defense lawyer should consider the defendant's position and role in the alleged crime, and look for opportunities to defend the defendant as an accomplice or a crime under duress. Even if it is the principal offender, it can be considered whether his role is lower than that of other defendants in the case, and whether he can be sentenced below the sentence of other defendants.

 •Victim's fault defense

In some violent crime cases, there are often cases where the victim is at fault to a certain extent, and sometimes the victim's fault is even the direct cause of the case. The defense lawyer explains such facts with reason and evidence to strive for the court's discretionary judgment of lighter punishment. However, such a defense must be based on facts and be measured. The victim's fault should not be exaggerated, especially the personal character of the deceased victim should not be attacked, otherwise it may cause the court's disgust and the result will be counterproductive.

• Serious repentance defense

In my country's judicial practice, the punishment of general crimes (i.e. not felonies) will take into account the defendant's subjective attitude after the fact and the relief methods and methods adopted. Based on this feature, if the defendant's financial conditions permit, the lawyer may consider coordinating with the court (or procuratorate) and the victim to find out whether it is possible to reduce the sentence by paying a certain amount of money.