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Why do criminal defense lawyers not readily accept their clients' amendments to the defense?
Date:2022-04-20 Source:

In criminal cases, after reading the defense statement written by the lawyer, the parties often propose a long section of revision suggestions, requesting the lawyer to further improve and refine them. As a criminal defense lawyer, I usually don't take the advice of clients too much, and I believe the vast majority of lawyers and I do the same.

First of all, it should be clear who the defense statement was written for? It is generally written for judges to review. After the prosecutor extracts the evidence chain that constitutes a crime, they sort out the innocent or minor evidence that judges should pay attention to in lengthy and complex criminal case files, in order to achieve the purpose of effective defense. A defense statement is the result of a lawyer carefully studying the case file several times. Each viewpoint can be found in the file as a basis, and the basis for the modified opinions of the parties is the memory of the witnesses, even based on inappropriate expectations. Many of their suggestions often cannot be supported by evidence in the file, contradict other evidence materials, and even do not comply with legal regulations. If the lawyer absorbs all such viewpoints into the defense statement, It will greatly reduce the credibility of the defense statement. I once acted as an agent in a fraud case where the parties involved and another person jointly defrauded 180000 yuan. When submitting their defense, they repeatedly requested that the opinion that "the amount of the crime should only be calculated as half" be written, while the criminal law stipulates that "joint crime, full responsibility" is a knowledge that all law students are aware of. Jointly completing a fraud of 180000 yuan, both individuals are required to bear criminal responsibility for the completed fraud of 180000 yuan, rather than simply dividing and each bearing 90000 yuan. If the lawyer adopts his suggestion and prominently states in the defense statement that "two people constitute a joint crime, each bearing half of the amount of the crime...", the judge will definitely doubt the legal literacy and professional level of the defense lawyer. Will the judge still carefully consider other opinions in the defense statement? This sentence will undermine the credibility of the entire defense statement.

More defense words are not better. Most parties and family members hope that the defense statement can be as heavy as a book, as if it can highlight the grievances in the case. However, the more defense statements there are, the better. Sometimes, being too lengthy can have a counterproductive effect. In criminal cases, when the procedure progresses to the court stage, the evidence of guilt is usually relatively solid. However, prosecutors sometimes do not consider all factors such as identity, statute of limitations, circumstances, and evidence chain, leaving room for defense. Defense often focuses on pointing out to the judge what the prosecutor has missed, ignored, and has a significant impact on the case. Sometimes, the case clearly exceeds the statute of limitations, so it is only necessary to emphasize this point, To achieve the purpose of effective defense, there is no need to rush to refute every piece of evidence in the case file, with a hundred page defense statement scattered around. The last point is the statute of limitations, which only increases the judge's displeasure.

The lawyer's refusal to accept the client's opinion to modify the defense statement does not result in the client's views not being respected and expressed. Criminal defense is an independent defense of the parties involved, and lawyers stand on the side of the parties and provide professional perspectives that are beneficial to them. As independent litigants, the parties can fully express their own views and opinions. There is a special stage in court called "final statement", in which the judge must allow the parties to speak and listen to their opinions. The parties can also prepare written materials in advance and submit them directly to the judge.

In fact, this is essentially a question of understanding the functions of lawyers. Hiring a lawyer to defend cannot require the lawyer to fully acknowledge and argue the views of the parties involved. If the lawyer promises to fulfill all the demands of the parties without meeting, reviewing the papers, or communicating with the client, it is highly likely that this is for the lawyer's exaggerated publicity. In criminal proceedings, the roles played by lawyers and parties are not consistent. Lawyers need to independently provide defense opinions on the case based on professional knowledge, case review, and communication. If the parties and their families hire lawyers, they should trust the lawyer's professional understanding and judgment of the case.


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