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
- Lu Si Yi (ORCID: https://orcid.org/0009-0007-8025-2732)
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
- Field-Weighted Citation Impact
- 0.00