Criminal defense method
Original: Australian lawyer Wang Gang, Australian Law Pioneer 2017 / 09 / 24
Conditions for conviction of criminal offences
In Australia, courts have to prove a person guilty, considering two things, first, whether the suspect is ideologically motivated or not, and the second is whether the suspect has practical action. These two aspects must occur at the same time, in order to prove the suspect guilty.
The suspect's actions may not be enough to commit a crime, because
§
The suspect may have no corresponding ideological motivation;
§
§
(a) the ideological motivation of the suspect has changed at the time of the actual action; o
§
§
The suspect's ideological motivation and actual action did not take place at the same time.
§
The following is a summary of the methods of criminal defense around the conditions under which criminal charges are established.
§
Be entitled to a property
§
Deny that there was an ideological motive for stealing. For example, driving your own stolen vehicle is not stolen.
§
§
§
Drinking behavio
§
The use of alcohol to deny the ideological motivation of the time does not apply to most defence, but only to, for example, the motivation to defend yourself at the time without hurting the other person to that extent.
§
§
§
A misjudgment of the facts
§
For example, I thought the speed was 80 km / h, but in fact it was 100 km / h, exceeding the speed limit of 80 km / h. This is defended by an ideological motive to deny intentional speeding. The point here is that misjudgment about the law is not a defence, as you think the speed limit is 100 kilometers per hour, while the actual speed limit is 80 kilometers per hour.
§
§
mental sickness
§
Here the suspect defends himself with a denial of thought and motivation. The suspect needs proof that he does not know the nature of his actions. In other words, he needs proof that he didn't know what he was doing, or that he knew what he was doing, but he didn't know he was doing the wrong thing. Once the defense is successful, the suspect is not guilty, but will be held in a psychiatric rehabilitation centre for a longer period of time than he is convicted of.
§
§
§
[法] justifiable defense
§
If the suspect says it is self-defense, it is the prosecutor's responsibility to prove that the suspect is not in self-defense. The suspect needs to explain what he's doing is necessary, and he has a reasonable reason to believe he needs to do it. Self-defense can be self-defense, defense against others, or defense against property.
§
§
§
[法] necessity
§
If you do not do so, you will have more serious consequences, so it is necessary to do so. But what must be done must be proportionate to what is to be protected, and must not be disproportionate, for example, if a person is killed in order to prevent theft, it cannot be justified by necessity.
§
§
§
Be oppressed to do so.
§
Have to do it in order to protect their own or others' interests. The defence does not apply to death charges and cannot be sacrificed to protect one's own life.
§
§
§
With consent
§
The defense denied the suspect's ideological motives. The defence is often used in cases of sexual harassment. Even with consent, one person is not allowed to die or seriously injure another, but it is a defence to be intimidated, slightly beaten, and sexually assaulted with consent.
§
§
§
Be enraged
§
The defence applies only to the charge of murder. The suspect has to prove that any normal person would do the same thing under such circumstances. If the defence is successful, the sentence can be commuted without acquittal.
§
§
§
Transient mental disorde
§
The defence denies the suspect's ideological motivation and applies only to the charge of murder. The suspect has to prove that he was temporarily out of his mind due to illness at the time of the crime. If the defence is successful, the sentence can be commuted without acquittal. The defence is not allowed to be used if the suspect has the effect of alcohol or excitatory drugs in the commission of the crime.
§
§
In the absence of a lawyer, suspects are not advised to be questioned by the police because
§
The suspect is not aware of the requirement that ideological motivation and practical action must occur simultaneously;
§
§
Criminal suspects may overextend their own ideological motivation;
§
§
The suspect may have acknowledged something that needed to be proved by the police;
§
§
If the answer is wrong, the suspect may lose the opportunity to defend himself.
§
finish
Herald Legal provides legal advice to Chinese in Australia vx: heraldlegal3