The accused does not have to prove his innocence. This should be done by a lawyer. There are many versions of how a lawyer is obliged to behave during a trial and what techniques to use in order for the defendant to be acquitted. However, they all have common features.
Instructions
Step 1
Do not make the common mistake of novice lawyers: a lawyer should not demand anything from the court, point out his mistakes and appeal to justice in his speeches. When defending an accused, a lawyer can only convince the court of his innocence, using not the power of vocal chords or high-flown turns of speech, but the power of evidence to substantiate the position of his client.
Step 2
According to the latest version of the Criminal Procedure Code of the Russian Federation, a lawyer has the right to independently prepare evidence to defend an accused in a trial. Please note: by your actions in defense of the defendant, you must destroy the harmony of the evidence for the prosecution. Your task is facilitated by the fact that, having caused the court to have significant doubts about the reliability of the evidence on the part of the prosecution, you can send the case for further investigation or completely remove the charges from the defendant.
Step 3
Before the court, be sure to consult your client, familiarize him with possible difficulties during the trial and prepare him for questions from the prosecution. Consider the possible answers to them.
Step 4
At the trial, it is necessary not only to provide evidence that undermines the confidence of the court in the prosecution, but also to prove the facts you have collected that contradict the facts collected during the investigation. So, for example, you can ask the witnesses in the case questions so that you can catch them in concealing facts, in contradictions in testimony, in inaccuracies.
Step 5
This technique can be used especially productively with multiple witnesses. By asking several persons, who claim that they were, for example, witnesses of the attack, the question of how the blows were delivered, who started first, what the accused and the victim said to each other, it is possible to find out that they were not directly at the scene of the crime. Of course, certain discrepancies may also be due to the fact that human memory is selective. In this case, you can ask the witnesses to practically reproduce the movements of the victim and the accused, etc.
Step 6
If it turns out that the witnesses were in a different place at the time of the crime, determine where they could be at that time.
Step 7
The weight of the evidence presented by the prosecutor during the trial can also be challenged. Even if such indicators as the blood group or fingerprints of the victim and the defendant coincide, find out if there were other circumstances in which blood could be found on the victim's clothes or fingerprints of the defendant.
Step 8
To prove the innocence of the defendant, you can also invite your witnesses, whose participation in the process is possible with the permission of the court.
