The last word of the defendant. The last word of the defendant under Article 228 example

The current legislation does not in any way regulate the speech of the defendant in the last word. Therefore, he can say whatever he considers necessary (except for insulting the participants in the process), but the information he presents must be directly related to the case under consideration. A sample of the defendant's last word is not contained in any normative act. This once again suggests that he must prepare his speech independently. If the defendant fully admitted guilt in the committed act and repented, then he can say so again, and also ask the court for leniency. If the defendant does not agree with the court’s decision, in his last word he must give reasons for his innocence and once again tell about all the circumstances of what happened. This will be written in more detail in this article.

Sample speech of the defendant, compiled jointly with a lawyer

To the Chkalovsky District Court
of Yekaterinburg

from the full name accused under Art. 111 of the Criminal Code of the Russian Federation

The last word of the defendant in a criminal trial

Dear Court,

In life, one situation is enough for everything to turn upside down. With a clear conscience I can say that my life has started anew. The only purpose of my existence now is to prove to everyone that I am worthy of freedom and want to meet my family again, communicate with them, just look at them, spend time together, I realized that my attitude towards life has changed dramatically. I reevaluated our entire relationship. My family - mother, grandmother, wife, son, younger sister - all remain with me to this day and support me in such a difficult situation. They believe in me, they know that I am capable of benefiting society. I am grateful to them for their help, for everything they did to keep us close.

My wife began to communicate very closely with her parents, now they spend a lot of time together as a family, solve common problems, wait for me and believe that I will soon return to them. I can’t even imagine how hard it is for them without me, because I was the only breadwinner for the family. When an incident occurred for which only I was to blame and for which I repent every day, the most painful thing was to see the disappointment in the eyes of my loved ones. I will never make them be disappointed in me again, I will do my best to make them proud of me and nothing else.

Every day I think about my son K., I dream of seeing him, going to the zoo with him and showing him my fatherly love every day. I also think about the as yet unborn twins. I can imagine how hard it is now for my wife N. without my support nearby. If I could turn back time, I would never have done what I did that day. I sincerely and on my knees ask for forgiveness from the victim and promise to make amends to him.

Most of all I want to return to my wife and son. We want to become an independent family, have more children, so that we can have a big and friendly family. We want to buy our own apartment so that soon we can live and raise children in our own home, like a real family. Before I committed an act that I regret every day, I saved money for an apartment so as not to depend on my parents and live as an independent family. My wife is now studying at the Mining University, and I really want her to receive a higher education.

Honestly, I began to appreciate every moment, I realized how important it is to be useful to people. Not just to work for myself and my family, but also to try with all my might to ensure that the people with whom we live in the same city, in the same country, benefit from my actions. Previously, I periodically did charity work in our city, and even received gratitude. I still see the need to share with people, to help those who need it. Previously, we had already begun the first steps to develop the popularity of charity - we bought the first few boxes for collecting donations, I paid for this product myself, since I want to personally participate in the expenses of this organization. All the funds we collect will be invested in purchasing necessary household items for those in need.

My attitude towards health has also changed. I decided to never drink alcohol again. Now every morning I do exercises and read a lot because... relatives give me books. I would recommend to many guys to play more sports, read and generally keep themselves busy as much as possible, then life becomes interesting and entertaining.

I ask the court to leave me free so that I can continue to lead an active lifestyle, in every way I can to help people, because I really repented and reconsidered my life, I really want to be useful and good, to be close to my family, to give birth more children, raise them and enjoy life.

Date, signature

Debate between the parties in criminal proceedings: participation of a defense lawyer

Important

A well-written defense speech by the defendant can help win the jury over to his side if he can make convincing arguments when defending his position and point out circumstances in order to mitigate liability. The time for speaking is not limited so that the accused's right to defense is not violated.

To prepare a convincing last word or a competent text for the debate, it is better to contact our experienced lawyer, he will help you compose a good text, taking into account all the circumstances, which will help achieve your goal. In addition, our criminal lawyer helps even after a verdict is passed; we provide legal assistance to convicts professionally and in a timely manner.

The defense lawyer also makes his speech in criminal proceedings, building it depending on the defensive position: mitigation of punishment, non-admission of guilt (a request to acquit the client), change in qualifications. The defender competently builds his speech, influencing the court not only legally, but also psychologically, presenting convincing arguments in favor of his Principal.

In order for the defendant's last speech to have an effect, it is necessary to think it through to the smallest detail. But before writing the text for the speech, you need to determine your position and build on it.

An example of a defendant’s speech, compiled together with a lawyer: Last word Dear Court, In life, one situation is enough for everything to turn upside down. With a clear conscience I can say that my life has started anew.

Therefore, the court does not always perceive what an agitated defendant says. However, the latter cannot be interrupted or stopped.

New circumstances Sometimes additional important circumstances may be revealed during the defendant's final word. This happens when the alleged attacker tells the court about the need to examine other evidence relevant to the case. Here it is very important to consider a sample of the last word of a defendant in a criminal case, after which the court came to the conclusion that it was necessary to resume the judicial investigation. "Your Honor!

I was charged under an article of the Criminal Code (indicate the article number). During the investigation, I was silent all the time and did not want to testify, but now I want to say that I did not commit a criminal act, because another person did it. The time of the defendant’s speech cannot be limited, but the presiding officer has the right to stop him if he concerns circumstances that are clearly not relevant to the case.

In accordance with Art. 294 of the Code of Criminal Procedure, it is possible to resume the judicial investigation by court decision: 1) when the participants in the debate of the parties point out new circumstances that are important for the correct resolution of the criminal case, or declare the need to present new evidence to the court for examination; 2) if the defendant in his last word reports new circumstances that are important for the criminal case, or expresses a desire to present to the court for examination new evidence that may affect the outcome of the consideration of the case on the merits.

Important

It is important for the prosecutor to assess the validity and appropriateness for a given case of a more severe (approaching the upper limit) or less severe (based on the lower limit) punishment of the defendant, so that it corresponds to the gravity of the crime and the person and is reasonably correlated with the scale of criminal legal measures provided for in the Criminal Code. The accusatory speech can analyze the circumstances that contributed to the commission of the crime and proposals for eliminating them.

If there is damage caused by the crime, the prosecutor also offers his solution to the issue of compensation. Speech of the victim - private prosecutor The speech of the victim - private prosecutor - is accusatory in its orientation and therefore can have the same content as the speech of the public prosecutor.

We invite you to familiarize yourself with: Postings for writing off accounts payable in a budgetary institution: with the expired statute of limitations of previous years, how to write off unclaimed inventory

A short description The last word of the defendant in a criminal trial, a sample of which is given above, is an additional opportunity for the defendant to freely convey his point of view to the court. If the alleged culprit is removed from the courtroom, he should be brought back and given the opportunity to speak.

If the defendant refuses to pronounce the last word, the secretary records this in the protocol. Prohibitions The judicial body cannot fail to provide the defendant with the opportunity to have the last word. Otherwise, this will be considered a violation of the Code of Criminal Procedure and will be grounds for canceling the sentence.

In conclusion, I would like to say that the last word of the defendant, even if his guilt is fully proven, can play a big role in his future fate. Therefore, there is no need to give up your last word.

We want to buy our own apartment so that soon we can live and raise children in our own home, like a real family.

https://www.youtube.com/watch{q}v=d3CSa0i6QRI

Before I committed an act that I regret every day, I saved money for an apartment so as not to depend on my parents and live as an independent family.

My wife is now studying at the Mining University, and I really want her to receive a higher education.

The following data will be evidence of my statement (properly written down and explained orally).” In such a situation, the court carefully examines all the data and makes a certain procedural decision. A short description The last word of the defendant in a criminal trial, a sample of which is given above, is an additional opportunity for the defendant to freely convey his point of view to the court. If the alleged culprit is removed from the courtroom, he should be brought back and given the opportunity to speak.

If the defendant refuses to pronounce the last word, the secretary records this in the protocol.

Prohibitions The judicial body cannot fail to provide the defendant with the opportunity to have the last word.

Otherwise, this will be considered a violation of the Code of Criminal Procedure and will be grounds for canceling the sentence.

In terms of content, judicial pleadings should include the parties' answers to the main issues that must be resolved by the court when rendering a verdict. Replicas. After making speeches, all participants in the judicial debate can speak one more time with a remark, i.e. with an objection to any statement of a certain participant in the judicial debate. The content of the remark can be any issues that are the subject of debate.

A rejoinder is an optional element of judicial pleadings. The right of rejoinder should be used only if necessary to object to distortion of facts or erroneous provisions contained in speeches that are of a fundamental nature.

You cannot use a remark to repeat what has already been said, or to speak on issues that are not important to the case. All subjects of judicial debate have the right to respond.

Legal advice

It is good if a person who finds himself in the dock has his own reliable defender, with whom he can discuss the details of his speech at the court hearing, which he will deliver after the completion of the debate between the parties.

After all, a good lawyer will always help his client in drafting the necessary text, even preparing a speech for him himself. In some cases, defenders provide the principal with a ready-made sample of the last word. The defendant only selects the right words and speaks at the hearing.

If a citizen refuses the services of a lawyer, then he will have to prepare a speech himself. In this case, lawyers advise taking your time and correctly stating your position, first on paper, and then in the process. If a person does not consider himself guilty, then he is obliged to say so in the last word, and also to support the information presented with arguments. He can also ask the court to impose a fair sentence.

What is important to know

The final word of the defendant is decisive for the entire criminal case. After all, when making a final speech, a person has the right to speak out regarding the entire charge brought against him and to present oral evidence in his defense. In this case, the defendant is not limited in time and can speak until he expresses all his thoughts. He has no right to insult anyone present at the meeting.

Every person who finds himself in the dock must understand that he must prepare his speech at the trial in advance, at least a few days before the start of the debate between the parties. This is necessary for a person’s speech to be meaningful and reasoned.

Under no circumstances should you look for a sample of the defendant’s last word or ask one of your acquaintances or cellmates (if the citizen is in a pre-trial detention center) to compose a text for speech at a court hearing.

Rights of the defendant

During the trial, the accused, according to the Criminal Procedure Code of Russia and the Constitution of the Russian Federation, has the following rights:

Right to protection. He must be provided with a free lawyer to protect his interests. The accused may refuse his services and defend himself or with the help of another lawyer of his choice (on a paid basis).
The right to familiarize yourself with the protocol of the trial (reading, receiving extracts from it using technical means).
The right to provide evidence to confirm one's own innocence. The court may or may not accept them.
The right to file challenges and motions.
The right to refuse to testify (this is stated in the country’s Constitution).
The right to participate in the debates of the parties.
The right to the last word.
The right to appeal the verdict within a specified period.

Can he refuse to speak at trial?

Practice shows that during the last word in court, the attitude of the judge and jury towards the accused often changes. Although by law a citizen can refuse to speak, this is considered a wrong decision.

If the defendant is deliberately deprived of the right to the last word, then this is a significant violation of the criminal procedure code. Therefore, such behavior on the part of the judge becomes grounds for overturning the sentence. Some lawyers provide their clients with a prepared speech, and it is allowed to use a sheet of paper at the meeting. If a person refuses the services of a defense lawyer, then he will have to prepare his own speech.

The last word of the defendant under Article 228 part 4

And what is Anglo-Saxon law here? So be realistic - don’t even count on the conditional! This is from the realm of fantasy. And those who write this are science fiction writers, not lawyers! It will be difficult according to the hour. A special procedure was not allowed? It would be a good idea to get certificates of the defendant’s illnesses. My opinion in the last word is to focus on the wife’s pregnancy. Now the courts have been given instructions to delay and treat pregnant women with humanity. After the end of the judicial debate, the defendant has the right to express his thoughts in the last word. As practice shows, the vast majority of clients use this right. However, this does not mean that the defendant does not have the right to refuse the last word. The last word is the right, not the responsibility of the defendant. At the same time, in my opinion, it is necessary to use this right. Basic advice: the defendant's last word must relate solely to the case at hand. Practice obviously shows that if the defendant does not have oratory abilities, then his speech within minutes ceases to be the object of attention of the court. It is desirable that the last word contains as few adjectives as possible, and is pronounced in a lively, expressive and ethical form. On the contrary, in the last word, the defendant should focus on the emotional component of his case. He should leave the legal aspects of his matter to lawyers, namely a criminal lawyer. And explain briefly, from the point of view of logic and human emotions, for what reasons he should be considered innocent, and the verdict should be acquitted. Or, on the contrary, actively repent and apologize to the victims in the courtroom. It would be a huge mistake if the defendant used pre-prepared theses and read the last word from the paper.

Nuances

The last word of the defendant, a sample text of which we have provided above, is not the responsibility of the defendant. Therefore, he himself must decide whether he will say something after the debate between the parties or will refrain from speaking.

Most often, defendants use their last word to further argue their case. However, we should not forget that the final speech of the accused is not evidence. Therefore, the court does not always perceive what an agitated defendant says. However, the latter cannot be interrupted or stopped.

Prohibitions

The judicial body cannot fail to provide the defendant with the opportunity to have the last word. Otherwise, this will be considered a violation of the Code of Criminal Procedure and will be grounds for canceling the sentence.

Here it must be noted again that the accused cannot be limited in time in his final statement.

Due to the fact that the last word of the defendant in court, a sample of which must be studied very carefully, is important for the case and quite often affects the sentencing, the Code of Criminal Procedure establishes guarantees during its utterance.

What is the last word in court?

The trial must always be built in a certain sequence in accordance with the Criminal Procedure Code of Russia.

It clearly defines the structure of the process, the rights and obligations of each participant, the rules for questioning witnesses and the accused, the procedure for presenting evidence, and the debate between the lawyer and the prosecutor. At the very end, the defendant makes a speech in his defense.

There is a separate article about this part of the court session No. 293 of the Code of Criminal Procedure of the Russian Federation, adopted on December 18, 2001 (No. 174-FZ) and edited on June 27, 2022:

After the end of the debate between the parties, the presiding officer gives the defendant the last word, including using video conferencing systems. No questions to the defendant during his last word are allowed.
The court cannot limit the duration of the defendant's last word to a certain time. In this case, the presiding officer has the right to stop the defendant in cases where the circumstances stated by the defendant are not relevant to the criminal case under consideration.

It is worth paying attention to the main points that none of the participants should neglect:

The defendant may refuse to give the final word in the criminal case brought against him, and is not required to explain the reasons for his refusal. But no one else, including the judge, has the right to refuse the accused to speak at the end of the hearing. If there are violations during the utterance of the last word, a higher authority, after the defendant’s appeal, can overturn the sentence and send for a new trial. Such cases have occurred in the history of Russian judicial practice.

The accused can say anything he wants in his last word, excluding insults to the participants in the trial.
The defendant is not limited in time. He can talk as much as he needs. From the above article it is indicated that the judge presiding over a given trial can stop if the accused says something that is completely irrelevant to the criminal case.
During the last word, the defendant cannot be asked questions by other participants in the trial and thus interrupt him.
If, due to poor health or other extenuating circumstances, the defendant cannot be present in person in the courtroom, he is required to organize a video link with the court to participate in the hearing, including to have the last word.

It is important to know

What to say in the last word at the trial is up to each accused to decide for himself. The defendant's speech at the end of the hearing is a personal address to the court.

There is no example in any normative document of the last word of the accused in court. There are only two fundamental points that should not be in his speech (they are stated above).

This once again confirms the idea that the defendant prepares his speech himself, and in advance. It is better to do this a few days before the meeting day.

A lawyer can help you draw it up correctly and more accurately express its full meaning. The defendant's defense attorney can compose the entire text himself and then agree on it with the defendant.

Help from other persons (cellmates, acquaintances) is extremely undesirable. The text can be written down on paper, but many lawyers advise you to memorize it.

It is impossible to consider a criminal case in court without the accused himself, as this infringes on his rights. If a person is in custody, he must be brought to the courtroom (if he is in a hospital, a video conference will be organized).

When the accused is not taken into custody during the investigation and deliberately avoids attending hearings more than once, he may be brought in and the preventive measure may be changed.

The defendant may refuse to participate in the case of a mild or moderate crime, his rights will not be violated.

What to say to the defendant: the last word

In principle, the last word of the defendant can have a significant impact on the final decision on the merits of the issue under consideration. It must immediately be said that the defendant must tell the court everything he thinks on the merits of the issue under consideration. It is quite obvious that the judge, like an ordinary person, still has his own certain sympathies and impressions. It is these individual characteristics that can become the basis for reducing the punishment or sending the case for further investigation. That is, many say that the court should be unbiased. In fact, the influence of the human factor in this case is also very significant. Therefore, you can often find articles with recommendations on how to dress in court, how to behave, etc. Thus, the last word of the defendant before sentencing is another important aspect that can have a significant impact on the final decision of the court. Remember that the last word is not the responsibility of the defendant, it is his right. It is for this reason that if you have nothing to say, then in this case, you have the right to refuse to grant this right. If you decide to give the court the last word, then you need to be short, concise and clear. You should not beg and tearfully ask, you need to rely on the words that were spoken by your lawyer. This is how you can use your last word correctly.

The last word of the defendant - its meaning, what can and cannot be said

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IMPORTANT TO KNOW The scope of work of a lawyer in courts Legal services commodity-money Free legal consultation Rules for concluding an agreement with a lawyer Free legal assistance under the state program Consequences of violating the right to the last word: reversal of a sentence from the practice of the Supreme Court of the Russian Federation The right to the last word is the right to defense, accordingly , its violation is a violation of the law, which will serve as grounds for reversing the sentence.

In the last word of the defendant, the sample text of which does not contain a single normative act, you can include the following information: - words about personal, work biography (if there are certificates, awards for good work, then you must definitely say about it); - about marital status and difficult financial situation, as well as the fact that the family will lose the main breadwinner if a real term is assigned;

- sometimes it makes sense to say that a person has not been convicted before; — about excellent studies in educational institutions; - be sure to declare remorse for what you have done (this is done only if guilty); — express a personal opinion on a civil claim (if filed). In case of disagreement Situations in life are different, and not every person who finds himself in the dock is guilty of what he is accused of.

For the defendant and his lawyer, the final word is another opportunity to tip the scales of justice in their favor. What is the content of the last word? What significance might a violation of the right to the last word have?

In case of disagreement

Situations in life are different, and not every person who finds himself in the dock is guilty of what he is accused of. The question here is different: how to prove your position to the court and what needs to be said so that all participants in the process believe that the accused really did not commit a criminal act? In practice, proving the innocence of a person against whom evidence has been collected confirming the opposite is quite difficult, but possible.

The accused must make a speech after the debate that would be convincing to the judicial body. A sample of the last word of a defendant in a criminal case may be as follows:

"Your Honor!

I have already said earlier that I did not commit the crime of which I am accused. In addition, my defense lawyer presented evidence confirming my words (be sure to describe which ones). Witnesses (specify who) also said that they did not see me at the scene of the criminal act.

(Then it is necessary to present more convincing arguments for the court so that the authority really doubts the guilt of the alleged attacker).

I simply could not do what I am accused of. In addition, I have no criminal record, I work and study, and provide for my children and parents on my own.

At the end of the speech, the defendant may also appeal to the court with a request that an acquittal be pronounced against him.

New circumstances

Sometimes additional important circumstances may be revealed during the defendant’s final word. This happens when the alleged attacker tells the court about the need to examine other evidence relevant to the case.

Here it is very important to consider a sample of the last word of a defendant in a criminal case, after which the court came to the conclusion that it was necessary to resume the judicial investigation.

"Your Honor!

I was charged under an article of the Criminal Code (indicate the article number). During the investigation, I was silent all the time and did not want to testify, but now I want to say that I did not commit a criminal act, because another person did it. The following data will be evidence of my statement (properly written down and explained orally).”

In such a situation, the court carefully examines all the data and makes a certain procedural decision.

How to apply

The defendant composes the text for himself, because only he will speak, and the rest of the participants in the trial must listen to him. Therefore, the speech must be written on paper (if it is long enough) in neat handwriting, so that later during the trial it can be easily read, but it is better to learn it by heart.

A sample of the last word of a defendant who has admitted his guilt in a crime committed may look like this:

“Dear court and participants in the process!

I fully (or partially) agree with the accusation brought against me. I admit my guilt in what I did and am ready to bear the punishment that the court will impose on me. However, I ask for leniency because (indicate reasons for this request, for example, wife and young children, elderly parents in need of care). I also dare to ask the court not to punish me too harshly (for example, because of my young age, because I have not been prosecuted or convicted before). In addition, I would like to once again ask for forgiveness from the victims for (indicate what exactly, i.e. say about the essence of what was done). Next you need to say the words of apology. It is important to express your remorse and desire to make amends for the harm caused to the victims.

Judicial debates, remarks and the last word of the defendant

Attention
I also dare to ask the court not to punish me too harshly (for example, because of my young age, because I have not been prosecuted or convicted before). In addition, I would like to once again ask for forgiveness from the victims for (specify what exactly, i.e.)

e. to say about the essence of what was done).

Info

Next you need to say the words of apology. It is important to express your remorse and desire to make amends for the harm caused to the victims. Advice from lawyers It is good if a person who finds himself in the dock has his own reliable defender with whom he can discuss the details of his speech at the court hearing, which he will deliver after the completion of the debate between the parties.

If it is necessary to present new evidence, a participant in the debate of the parties may petition to resume the judicial investigation. After speeches have been made by all participants in the debate of the parties, each of them can speak one more time with a remark (Part 6 of Article 292 of the Code of Criminal Procedure). ……………………………………………………………………………………………………………… A replica is the answer, objection of one participant debate of the parties on the statement of the other, made in the debate or in a rejoinder……………………………………………………………………… A rejoinder is an optional element of the debate.

https://www.youtube.com/watch{q}v=oE-lLHRnVlw

The prosecutor makes a remark in cases where, in his opinion, the defense’s speech distorts the facts, gives an incorrect assessment of the circumstances of the case, etc. The remark should not be used by the prosecutor to repeat what has already been said or to object to issues that are not of a fundamental nature . The right of the last statement always belongs to the defendant or his defense attorney.

And yet we did not hear what they were doing that day. Why they did this is up to you to decide,” Stavitskaya said.

Then Anna’s son Ilya Politkovsky spoke briefly: “I have been waiting for a very long time for the selective memory of these people to change. They remember what they did in the morning, they remember what they did in the evening, but they don’t remember what they were doing at the time of the murder. Speech by lawyer Marina Andreeva at the debate of the parties in the case of Stanislav Pozdnyakov In accordance with the requirements of Art.

252 of the Code of Criminal Procedure of the Russian Federation, trial is conducted against the accused only on the charge brought against him. From this document it is clear that Pozdnyakov: “. being in the assembly hall of the Department of Internal Affairs of Russia in the Tverskoy district of Moscow at the address: Moscow, Bolshaya Dmitrovka St., 28, 04/01/2012. at approximately 19:00.

Share The speech of the defendant in his own defense is an important element in the criminal process. Defensive speech is one of the tools provided by law that a defendant can use to defend himself.

The speech must be prepared in advance, independently, or by entrusting this question to our lawyer, a representative in criminal proceedings, who will help formulate thoughts, ask more fully about all the circumstances that are important to include in the text of the defendant’s repentance speech in court or a speech revealing the defendant’s innocence. Protecting a suspected accused is important at all stages.

Relatives can also help in defending the accused, for example, by drawing up a maternal petition to reduce the sentence, a spousal petition, or providing the judge with other material characterizing the defendant.

The defendant, when a defense lawyer is not involved in the case, the victim (private prosecutor) in private prosecution cases, the civil plaintiff, the civil defendant and their representatives have the right, but are not obligated, to participate in the judicial debate.

It seems that the defendant’s refusal of a defense lawyer at a court hearing for any reason presupposes his right to make a defensive speech.

Such refusal may occur at any time during the trial before the conclusion of pleadings.

I will never make them be disappointed in me again, I will do my best to make them proud of me and nothing else.

Every day I think about my son K., I dream of seeing him, going to the zoo with him and showing him my fatherly love every day.

I also think about the as yet unborn twins. I can imagine how hard it is now for my wife N. without my support nearby. If I could turn back time, I would never have done what I did that day. [info]I sincerely and on my knees ask for forgiveness from the victim and promise to make amends to him.

How to format The defendant composes the text for himself, because only he will speak, and the rest of the participants in the trial must listen to him. Therefore, the speech must be written on paper (if it is long enough) in neat handwriting, so that later during the trial it can be easily read, but it is better to learn it by heart.

A sample of the last word of a defendant who has admitted his guilt in a crime committed may look like this: “Dear court and participants in the trial! I fully (or partially) agree with the accusation brought against me.

I admit my guilt in what I did and am ready to bear the punishment that the court will impose on me.

However, I ask for leniency because (indicate reasons for this request, for example, wife and young children, elderly parents in need of care).

The current legislation does not in any way regulate the speech of the defendant in the last word. Therefore, he can say whatever he considers necessary (except for insulting the participants in the process), but the information he presents must be directly related to the case under consideration.

A sample of the defendant's last word is not contained in any normative act. This once again suggests that he must prepare his speech independently.

We invite you to read: What does a lawyer's certificate provide?

If the defendant fully admitted guilt in the committed act and repented, then he can say so again, and also ask the court for leniency. If the defendant does not agree with the court’s decision, in his last word he must give reasons for his innocence and once again tell about all the circumstances of what happened.

Attention

This will be written in more detail in this article. What is important to know The final word of the defendant is decisive for the entire criminal case.

Each individual piece of evidence must be analyzed and assessed by the defense attorney from the defense position, taking into account the specifics and characteristics of each particular case. At the same time, the defense attorney draws the court’s attention to what circumstances of the crime and, most importantly, how they are covered by evidence (testimonies of witnesses and victims, expert opinions, etc.).

When assessing the testimony of witnesses, the defense attorney must take into account whether the person questioned in court is a witness for the defense or the prosecution. All testimony of witnesses must be compared with each other and with other materials of the case, and if contradictions or inconsistencies in the testimony are identified, it is imperative to draw the attention of the court to this in your speech, making sure to make a reasoned assessment of such testimony.

The participant in the debate between the parties, having made the necessary notes and extracts from the materials of the preliminary investigation even before the start of the trial, checks and supplements his notes during the judicial investigation in order to then draw the attention of the court to the circumstances justifying his position in the case.

Subject of the parties' debate: 1. factual circumstances of the case, their analysis and assessment; 2. legal assessment of established facts (qualification of the act); 3. characterization of the personality of the defendant, and, if necessary, of other participants in the process (victim, witness); 4. issues related to the application of criminal punishment or exemption from it, the amount of damage caused, as well as issues of civil action; 5.

In the last word, the defendant can remind the court of his version of what happened, give arguments to refute the evidence of the prosecution, point out circumstances excluding or mitigating responsibility and punishment, and address the court with other requests, statements and petitions. Debate of the parties and the last word of the defendant Speech in judicial debate is one of the ways for participants in legal proceedings to protect their or the rights and legitimate interests they represent. Each of the interested parties substantiates and defends its position on the case being resolved.

The debate between the parties consists of speeches by the prosecutor and the defense attorney. In the absence of a defense lawyer, the defendant participates in the debate between the parties. The victim and his representative can also participate in the debate between the parties. Politkovskaya's case Dzhabrail entered graduate school, Rustam graduated from school with a silver medal.

Speech in the debate of the defendant

Other Options What other final speech can be prepared for a court appearance by a person who is accused of drug possession, but does not use illegal drugs or sell them? In such a difficult situation, you need to consult a good lawyer.

The accused may also turn to him with a request that he draw up for him a sample of the last word of the defendant under Article 228 of the Criminal Code.

After all, the speech in this case must be competent and reasoned, contain evidence of the innocence of a law-abiding person, to whom, perhaps, someone deliberately planted a prohibited substance.

In a number of cases, the defendant can express his last word in this way: “Your honor! (applies only to the judge in a criminal trial) I am not guilty of what I am accused of. I don’t use drugs, I work, have a family, and study at a higher educational institution.

The defendant's speech in his defense

During the judicial debate, all the circumstances of the case are covered by the parties from various positions, and thereby provide the conditions for rendering a legal and reasonable verdict.

Judicial debates consist of speeches by the state prosecutor, as well as by the defense attorney or the defendant (if the defense attorney does not participate in the court hearing).

The victim or his representative may also participate in the debate between the parties. A civil plaintiff, a civil defendant, their representatives and a defendant who has a defense lawyer have the right to apply for participation in the debate of the parties (Part.

1 and 2 tbsp. 292 Code of Criminal Procedure). Thus, not all participants in legal proceedings are necessarily subjects of judicial debate.

Participation in judicial debates is an obligation only for the state prosecutor and defense lawyer.

Criminal Procedure Course

Since only the results of a judicial investigation can be the basis for judicial debates and a judicial decision, the parties in their speeches do not have the right to refer to evidence that was not the subject of consideration in court or was declared inadmissible by the court. If, in support of his conclusions, a participant in the judicial debate considers it necessary to bring new evidence that has not been examined by the court, he has the right to petition for the resumption of the judicial investigation.

After a new consideration of the evidence in the judicial investigation, the participants in the process also speak in judicial debates.

The court cannot limit the duration of the parties' arguments.

However, participants in judicial debates are required that in their speeches they do not touch upon circumstances that are not relevant to the case.

If this requirement is violated, the presiding officer has the right to stop them.

Drug cases

If a person uses prohibited substances, sooner or later he will be held accountable for their storage and transportation. In such a situation, you cannot do without the help of a professional defense attorney. After all, drug possession cases always end up in court. The defendant here must firmly decide on his position.

Of course, if a person uses drugs, then a package with a prohibited substance found in his belongings will only be confirmation that the latter has committed a criminal act. Otherwise, you can insist on innocence.

In this case, you need to think carefully about what the defendant will say in his last word in court. A sample text of the accused’s final speech could be as follows:

“Dear court!

While under investigation, I completely changed my attitude towards life and decided not to take prohibited drugs anymore. I sincerely repent of storing narcotic substances in my apartment that were intended for personal use. In addition, I have a desire to undergo addiction treatment. I ask the court not to deprive me of my freedom and give me the opportunity to improve without isolation from people.”

How to write a defendant's defense speech in his own defense?

You can enable:

words about work history (if there is anything to note);
excellent academic performance;
it makes sense to mention marital status (children);
highlight the absence of a criminal record, if appropriate;
you can insert a few sentences about the difficult financial situation, the lack of funds to support the family in the event of a real sentence of imprisonment;
often in the last speech the defendant utters words of repentance and arguments for applying the procedure for release from punishment;
if a civil claim is filed in a criminal case, then he expresses his attitude towards it.

If you need a sample of the defendant's speech in your defense, contact a public defender in criminal cases or our lawyer for a consultation. The defense lawyer also makes his speech in criminal proceedings, building it depending on the defensive position: mitigation of punishment, non-admission of guilt (a request to acquit the client), change in qualifications. The defender competently builds his speech, influencing the court not only legally, but also psychologically, presenting convincing arguments in favor of his Principal.

In order for the defendant's last speech to have an effect, it is necessary to think it through to the smallest detail. But before writing the text for the speech, you need to determine your position and build on it.

How should the defendant structure his speech?

“What should I say in court as my last word?” is one of the main questions that defendants ask their lawyers.

In order to correctly express your thoughts and show your best side, you need to prepare your speech well. The assistance of an attorney experienced in litigation is very important when preparing the final word.

According to the advice of experienced lawyers, the following can be mentioned in the last word to the accused:

About your marital status, financial difficulties, which may worsen if the defendant is given a real sentence. It is worth mentioning this if the accused has dependent young children or disabled relatives (parents, spouse, children).
About your work achievements at work (in advance, the lawyer or defendant must be provided with certificates of commendation, awards, as well as references from the place of work), personal biography (for example, academic success).
If there is one, say about the absence of a criminal record in the past.
If he repents and admits his guilt, be sure to inform the court about this, and also, if possible, apologize to the victims and ask for leniency.
In the opposite situation, when the accused does not admit his guilt, he must competently argue, give reasons confirming his innocence, and talk about the incident from his point of view.
Report new circumstances or evidence that will become a significant circumstance affecting the course of the trial.
Express your attitude to the course of the trial, explain your behavior during the trial.

The final word given to the defendant by law is difficult to overestimate. Lawyers are often advised not to refuse to appear before the court at the end of the hearing.

A competent speech with weighty arguments in one's defense can sway the jury (if they are participating in a particular trial) in one's favor and significantly influence the court's decision.