The strategy choice and application of criminal defense in duty crime

The essence of criminal defense in official misconduct cases lies in accurately identifying the case's unique characteristics and complexities. This requires both adhering to the rigid provisions of legal statutes and flexibly addressing discretionary factors in judicial practice. Defense strategies should be developed by focusing on the intersection of case facts and legal application, thoroughly examining the correlation between the perpetrator's subjective intent, authority scope, and consequences of actions. Particularly during evidence review, defense attorneys must meticulously differentiate the probative value between direct and indirect evidence to avoid legal disadvantage caused by weak evidentiary chains. Through dual considerations of procedural justice and substantive fairness, defense counsel should pursue the optimal defense approach.

Authors

Publication Details

Journal
JOURNAL OF COMMERCIAL LAW REVIEW
Published
2025-01-01
DOI
https://doi.org/10.47297/wspjclrwsp2516-249712.20250903
Primary Topic
Criminal Law and Evidence
Type
article
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article

The strategy choice and application of criminal defense in duty crime

Lu Si Yi
JOURNAL OF COMMERCIAL LAW REVIEW
Criminal Law and Evidence
article

The strategy choice and application of criminal defense in duty crime

Lu Si Yi
article en

Abstract

The essence of criminal defense in official misconduct cases lies in accurately identifying the case's unique characteristics and complexities. This requires both adhering to the rigid provisions of legal statutes and flexibly addressing discretionary factors in judicial practice. Defense strategies should be developed by focusing on the intersection of case facts and legal application, thoroughly examining the correlation between the perpetrator's subjective intent, authority scope, and consequences of actions. Particularly during evidence review, defense attorneys must meticulously differentiate the probative value between direct and indirect evidence to avoid legal disadvantage caused by weak evidentiary chains. Through dual considerations of procedural justice and substantive fairness, defense counsel should pursue the optimal defense approach.

JOURNAL OF COMMERCIAL LAW REVIEWVol. 9(3)
Openalex Percentile: Top 52%
Criminal Law and Evidence
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