Advocacy and notary office. Contents of a defensive speech (most important)

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Advocacy and notary office. Contents of a defensive speech (most important)

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10. The content of the defense speech

After the end of the judicial investigation, the court proceeds to hearing judicial debates, the content and procedure of which are defined in Art. 292 Code of Criminal Procedure of the Russian Federation.

The court speech of a lawyer in a criminal process is a public speech by the defender of the accused (maybe also the representative of the victim, civil plaintiff, civil defendant), delivered in court and addressed to the court in order to psychologically and legally influence them when presenting the conclusions of the defender in favor of the defendant. them a citizen.

The content of the lawyer's speech is determined by the position on the case. According to established practice, there are three main defensive positions that determine the volume and structure of speech in a particular case:

1) position on mitigation of punishment;

2) a position on changing the qualification of the deed;

3) the position on the justification of the defendant.

The purpose of the defense speech of the lawyer is twofold. On the one hand, it is necessary to substantiate your position on the case, on the other hand, to convince the court that you are right. The speech in the debate should be pre-planned and composed. The main characteristics of a successful speech are its brevity and richness.

The defensive speech consists of an introductory (descriptive) part, analysis and evaluation of evidence and data on the personality of the defendant, analysis of the reasons that contributed to the commission of the crime, as well as a conclusion.

Analysis and evaluation of evidence are carried out according to a certain scheme:

1) each evidence is analyzed separately, and then in conjunction with all the others;

2) the analysis and assessment of the testimony of witnesses depends on whose side he spoke. Here it is necessary to convince the court whether it is worth or not to trust this or that testimony of witnesses;

3) in relation to the testimony of the victim, tact and restraint must be shown;

4) when evaluating the expertise, it is worth paying attention to the personality of the expert, the data that were presented to him, the technical and legal justification of his conclusions.

In conclusion, it is necessary to emphasize the key points of the defense position. At the same time, the weakness of the accusation cannot be directly emphasized.

Protective speech has certain features in the production of a criminal case with the participation of jurors. In this case, citizens who are not professional lawyers act as judges. Therefore, the lawyer should focus on the emotional side of his speech when characterizing the personality of the defendant. During the presentation of evidence, it will be advisable to use visual aids, diagrams, photographs, etc. This will help them recreate a picture of what happened.

When speaking, the lawyer must look at the jury without losing eye contact.

Authors: Nevskaya M.A., Shalagina M.A.

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