On August 22, 2024, the Criminal Department of King&Capital Law Firm ushered in the sixth issue of the series of lectures on “Criminal Case Thought and Defense”, and the theme of this issue is “Criminal Defense Skills of Court Interrogation”. This period of activities by the King&Capital Law Firm Sun Guangzhi lawyers, Ma Huiwen lawyers hosted, Peng Jiyue lawyers, Nie Sufang lawyers, Niu Xingli lawyers to participate in the conversation.
This activity focuses on the criminal defense lawyer's courtroom questioning skills, on the basis of clarifying the object and procedural significance of questioning, discussing the main body and division of labor of questioning work in combination with the trial mode, and sorting out the angle, rules and skills of questioning on this basis. Finally, it reviews and explains the practical application of courtroom examination in conjunction with the live playback of the trial.
Mr. Sun Guangzhi, Senior Partner of Beijing King&Capital Law Firm
Mr. Sun emphasized that courtroom examination is an important part of criminal defense, and good courtroom examination not only shows the professional ability of lawyers, but also is the key to construct and argue the factual claims of the defense.
In the court questioning session, the defender should form a good cooperation with the defendant. In assisting the defendant to sort out, express the evidence in the case of factual judgment on the basis of the defender should be from the evidence and evidence to prove the two aspects of the evidence to fully express the views.
Around the evidence admissibility and proof of evidence, sun lawyer from the evidence of the “three sex” (authenticity, legality, relevance) “two force” (evidence ability, proof), as well as the responsibility to prove, prove the standard of proof and proof of the system and other aspects of the system elaborated his experience, experience and experience. and experience.
On this basis, Mr. Sun introduced the intrinsic connection and extrinsic difference between courtroom questioning and courtroom debate in combination with the trial process and examples. The former focuses on the evaluation of objectionable evidence and argumentation of disputed facts, while the latter focuses on the legal evaluation of conviction and sentence.
During the event, Mr. Sun shared the video of a criminal case trial. The video is from the live trial website, and Mr. Sun acted as the defense of the first defendant in the case.
Through the trial video, Mr. Sun demonstrated his courtroom examination work in the court investigation of the case, and vividly explained the practical application of courtroom examination techniques from multiple angles, such as examination strategy, viewpoint expression and logic, and language use.
In addition to the established pre-trial preparation work into trial practice, the case also appeared in the court of the same offender retracted confessions and the case authorities to induce confessions and other issues, how to these factors in favor of the defendant to be accurately grasped and in the court questioning, “for my use” is also a major test for the defense in the trial. In this regard, sun lawyer combined with the defendant's pre-trial confession review rules and the law access to the interrogation audio and video recordings for a comprehensive and systematic evidence.
This activity is based on the traditional experience in addition to teaching, borrowing the trial video playback and review, analysis of the way to bring a vivid criminal defense skills class.
Mr. Peng Jiyue, Senior Partner of Beijing King&Capital Law Firm, Partner-in-Charge of Criminal Department 3
Mr. Peng pointed out that the questioning session is very important, the questioning has certain special characteristics, and the lawyer bears a great responsibility. First of all, the defendant can't read the file as the lawyer, usually the lawyer and the defendant check the relevant evidence, resulting in the defendant can't fully understand the evidence, some cases, due to the lack of technical means and conditions, the defendant can't be as vast as a sea of electronic evidence for effective access, so in the cross-examination can only rely on lawyers to express a comprehensive and accurate opinion. Secondly, some of the more evidence of the case examination process is lengthy, if the prosecutor evidence and more confusing, easy to lead to the questioning of the exhaustion, the questioning process lost focus. Also, Mr. Peng emphasized the importance of keeping clear thinking in the process of cross-examination, or try to focus on the evidence of the three sexes, the purpose of the evidence and other core issues, to avoid the confusion of the cross-examination and debate.
Mr. Nie Sufang, Senior Partner of Beijing King&Capital Law Firm, Co-Managing Partner of Criminal Department 3
Ms. Nie raised the issue of how the client and the lawyer should cooperate in the examination stage of the trial. She believes that defense lawyers and their own clients need to cooperate with each other in the trial. For example, in the phase of cross-examination, some clients are not very good at expressing themselves, so they want to rely completely on their lawyers and let the lawyers say all the opinions, while some clients are on the other extreme, with a very strong desire to express themselves and their will to defend themselves, and they even analyze the corroboration of the evidence. Mr. Nie believes that both situations require lawyers to fully communicate with their clients in pre-court counseling, and to reasonably divide the work and cooperate in the courtroom. Specifically, for the facts of the cross-examination should be put forward by the party, because the party is the event of the person, the evidence does not meet the facts of the content, need to be put forward by the party itself, the lawyer can only be utilized in the subsequent cross-examination and defense, the lawyer can't replace the party to state the facts. And for the more professional evidence of the legitimacy, relevance, especially between the evidence corroboration relationship, etc., by the lawyer is more appropriate, on the one hand, because the lawyer to publish the relevant opinions more professional, on the other hand, if the party himself too much to publish the relevant opinions, easy to give the judge a kind of evidence based on the situation of sophistry of the bad look.
Ms. Niu Xingli, Senior Partner of King&Capital Law Firm, Beijing, China
Niu Xingli firstly expressed the importance she attaches to debates, believing that debates are the high point for lawyers to show their professionalism and defense skills. However, with the accumulation of experience, she gradually realized that all powerful arguments come from the in-depth examination of evidence. She shared her profound experience in dealing with illegal evidence exclusion cases. Ms. Niu emphasized that attention to details in the process of cross-examination is crucial, especially in the case of scarce evidence, how to find the key points in the limited evidence and construct an effective defense strategy. Mr. Niu pointed out that in cases where evidence is particularly scarce, such as cases where the victim is dead and there is limited verbal evidence, lawyers need to raise reasonable doubt through meticulous communication and investigation, so as to influence the court and prosecution's determination of the facts of the case.
Ms. Ma Huiwen, Lawyer, Beijing King&Capital Law Firm
The moderator, Ms. Ma Huiwen, concluded the event by explaining the significance of courtroom confrontation in criminal defense, and looking forward to everyone's return with a full load of criminal defense skills after attending this event. Through this activity, Ms. Ma especially mentioned that the hard work of lawyers is not “sun”, but is presented through their professional level, knowledge output and skills demonstration, and the meaning and value of practicing and sharing may be to suffer a lot and share our insights.
Finally, we hope that our lawyers will continue to pay attention to the activity of “Criminal Case Talk” of Criminal Department 3, actively participate in it, share their experience, and exchange ideas, so as to fulfill the promise of “pursuing excellence and living up to the trust”.
