What are the contents of the defense of duty encroachment?

I Job misappropriation protest Defence statement What are the contents of?

The defense statement is that the defendant and counsel stay litigation In the process, according to the materials and opinions put forward in favor of the defendant according to the facts and laws, the defendant partially or completely makes representations, defences, and rebuttals the charges to prove the defendant's innocence and misdemeanor, or puts forward documents that should reduce or even exempt criminal responsibility. The content of the defense statement of duty encroachment protest includes: the information of the parties, the information of the defenders, the facts of the crime of duty encroachment first instance Judgment, reasons for protest, legal basis and relevant matters to be explained. For whether the conditions for protest are met, the defender should conduct a reasonable defense in combination with the relevant identification of the procuratorial organ.

2、 Format and content

The defense is generally composed of the first part, the reason and the end.

（1） Head

(1) Call. The name of the judge. For example, "presiding judge, judge".

(2) Quote the legal basis to briefly explain the legitimacy of the defender's appearance in court, and write down the defense

Whether the person is entrusted by the defendant or designated by the people's court to appear in court to defend.

(3) Summarize the work carried out by the defender to perform defense duties (such as marking papers, investigating, meeting the defendant, etc.).

(4) For indictment Summarize the basic views of the defender on the case.

（2） Body

The body is the main body of the defense. This part should state the reasons for the defense, proceed from reality, and focus on prosecution The charges or the first trial verdict, the defense Yibei.

(1) From the facts of the defendant's conduct. Carefully analyze the criminal facts identified in the indictment, analyze the parts that are different from the facts, find out the materials that are beneficial to the defendant in terms of facts, and then put forward the reasons for defending the defendant.

(2) From the aspect of applicable law. Through the analysis of the case, find out the mistakes in the identification of the defendant's criminal nature or sentencing in the indictment when applying the law, point out the applicable legal provisions, and specifically elaborate the reasons and relevant issues for the defendant's innocence, minor crime, or mitigation or exemption of his criminal responsibility evidence Material Science.

(3) From the defendant's own performance. Objectively analyze the specific performance of the defendant in the case and his attitude to plead guilty, find conditions conducive to the defendant, and exempt him from liability in accordance with the law.

（3） Tail

This is the conclusion of the defence. It is necessary to summarize the whole case and the defense opinions, put forward concluding comments, put forward reasonable and legitimate clear requirements to the court, and submit them to the court for consideration.

The defense of duty encroachment protest is generally made by the defender of the party after the procuratorial organ has protested, so it needs to be handled and identified around the judicial process of the protest, and it needs to make a legitimate and reasonable defense against the reasons for the protest and the relevant circumstances of incorrect application of the law. The specific circumstances are decided by the judicial organ.