Research On Essential Elements Of Criminal Defense

With an increasingly sound legal system, criminal defenders play a significant role in criminal procedure in present China. It is the basic requirement that criminal defenders objectively and fully restore the truth and protect the legitimate interests of the parties with accurate and expert theoretical tools. Meanwhile, how to determine the nature of a case and analyze in right direction is a great challenge which requires constant enhancement of professionalism to the criminal defenders. In my opinion,the essential elements the criminal defenders should hold include constitutive elements of crime, causation and the mutual relation of evidence.As the object of proof, constitutive elements of crime are such main focuses of criminal cases that analyzing and comprehending them in perspective make much sense. We can draw a direct, comprehensive and valid conclusion about the actor and the case by analyzing the subjective aspect, objective aspect and object of crime. The actor is liable only if the causation exists between the illegal behavior and the result.As a result, causation has always been a starting point of condemnation and penalty measurement and a key point of criminal defense. As the reform of our country’s judicial system deepens, criminal charge system and a new relation among investigation organ, procuratorate and the defenders based on proof is built up. Fully implementing the evidence-judging doctrine, we take quality and efficiency equally.It is a controversial issue about constitutes, the essential attribute and the application of criminal evidence for the specialists and scholars, where exist the deviations when applying criminal evidence in cases. Hence, regulation of criminal evidence standard and application is of great importance in theoretical and practical way.When it comes to defense and evidence, a real case is necessary. In the perspective of a real case, instead of reasoning simply, we can discuss and analyze the evidence and the fact of the case vividly. After collecting and organizing on a large scale, I’ve decided taking Tian’s case for example to discuss the elements and application of criminal defense. The nature of crime is the violation to legal interest,but we identify a crime by the constitutive elements of crime. In defense of objective aspect of Tian’s case, we must use expert opinion to restore the case, in which case the defender should not only take account of the value of expert opinion but also understand knowledge about forensic medicine. Defense of subjective aspect is also a difficulty in criminal defense. As analyzing the subjective intention of Tian, it is clear that confession of the defendant is not enough. Analysis based on the other evidence besides confession is necessary. Only when confession of the defendant is consistent with expert opinion, we can determine the subjective aspect. Although there’s result of death in this case, we can identify that not life right but right to health is violated by considering all the subjective and objective aspects. Object of crime determine the nature of Tian’s crime---the crime of intentional injury, which raises another question that is there any causation between the injury behavior of the actor and the result of death of the victim. In this case, in spite of the injury to the victim, the causation is broken off by other intervening clause. So the defendant is not liable to the result of death of the victim. Evidences with probative force are the bases of criminal defense,which requires not only the authenticity of evidence source but also the confirmation of all evidences. To reach the standard that the facts of his crime are clear and the evidence is reliable and sufficient, the defender must form a complete chain of evidences beyond a reasonable doubt and protect the rights of the accused.There are many elements of criminal defense not discussed here, but the defense of constitutive elements of crime, causation and the confirmation of evidences are of significance in every cases in the judicial practice and academic research.