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.
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.
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.
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.
What to say - preparation
The defendant must prepare to ensure that his last word is truly succinct, concise and relevant.
The following points are taken into account:
- the accused may refuse the last word, and he cannot be required to explain the reason;
- it is prohibited to use any grounds for prohibition in speech;
- if the rights of the accused are violated, then representatives of higher state bodies have the right, based on a petition from the defendant, to cancel the sentence, after which a new trial begins;
- during his speech, a citizen can express his opinion regarding a criminal case, but he must not use insults or obscene expressions;
- Since there are no time limits, the accused can speak as much as he wants, but the judge can stop him if the speech does not relate to the trial.
Important! If the accused cannot be in the courtroom for health reasons or other valid reasons, a video link is established.
The defendant independently decides what exactly he will say to the judge and other participants in the process. It forms speech without taking into account any legal requirements. It is advisable to write the text on paper in advance so as not to forget during the speech. It is important to consult a lawyer so as not to harm yourself with the wrong words.
Sometimes defense lawyers completely formulate the text with which they introduce their client. It is not recommended to use the help of fellow inmates or strangers who often advise the wrong things.
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.
Final speech of the accused in criminal proceedings
During any criminal trial, a defendant has certain rights under the Constitution and other laws:
- Right to protection. If a citizen has his own savings, then he can hire an experienced lawyer who will defend the rights of his client, as well as competently build a defense. If there is no finance, a free lawyer is offered to protect the interests of the client. Anyone can refuse the services of a lawyer and build their own defense.
- Opportunity to study the trial transcript. The defendant may demand not only documents, but also various evidence, extracts or technical means.
- Providing evidence. If a person believes that he is innocent of committing a specific crime, then he can independently collect evidence that he is right. They can be represented by various documents, videos, audio clips or other similar materials. But the court has the right not to accept evidence if there is no information about its source or there is suspicion of its fictitiousness.
- Filing various petitions or challenges.
- Refusal to testify. According to the Constitution, citizens may not testify against themselves or their relatives.
- Participation in debates. This process is usually carried out by a lawyer, but the defendant can appear independently.
- The right to the last word. Often, it is during the defendant’s speech that some significant circumstances are revealed, and the judge’s opinion also changes. A citizen may request a review of evidence or other similar actions.
The defendant can appeal the sentence if he meets the deadline.
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When constructing a speech, it is important to include facts that confirm the defendant’s innocence or prove the presence of mitigating circumstances. Basic information about the last word is contained in Art. 293 Code of Criminal Procedure.
It is provided after the end of the debate between the parties. During the speech, the parties do not ask questions of the defendant, and there are no time restrictions. But the court can stop the speech if the information told by the accused is not relevant to the case under consideration.
How to build a speech in defense
This is one of the most pressing questions that defendants ask their defense attorneys. In this case, it is necessary to think through everything to the smallest detail. Then decide on your position (guilty or not) and build on it. The last word of the defendant, whose sample text does not contain any normative act, 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).
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
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.
Sample of arguments in a criminal case (position of admission of guilt)
To the Leninsky District Court of Samara
Address: 443013, Samara, st. Tukhachevsky, 226
from the lawyer of the law firm “Antonov and Partners” Dragunov M.E.
,
reg. No. 63/3215 in the register of lawyers of the Samara region
Address for correspondence:
443080, Samara, Karl Marx Avenue, 192, office. 619,
tel. 8-927-734-08-16
e-mail adress
to protect the interests of Full Name1
, DATE1
Judicial debate
(for inclusion in the materials of the criminal case)
The magistrate of Judicial Precinct No. 27 of the Leninsky Judicial District of Samara, Samara Region completed the judicial investigation in criminal case No.………. in relation to FULL NAME1, accused of committing a crime under Part 1 of Article 228 of the Criminal Code of the Russian Federation.
In addition to the previously submitted request to release FULL NAME1 from criminal liability in connection with the imposition of a court fine, the defense asks the court to take into account the following circumstances:
A) Behavior of FULL NAME1 after the commission of a crime
Voluntary release of narcotic drugs during a personal search.
When asked by police officers whether she had narcotic drugs and psychotropic substances prohibited in civilian circulation, she replied that she did. FULL NAME1 voluntarily pointed to her leather backpack, laid its contents on the floor and took out a bag from there, which contained a white powdery substance - mephedrone (case sheet 14-17). These actions, FULL NAME1, are confirmed by the testimony of operational officer, FULL NAME2, witness, FULL NAME3, witness, FULL NAME4.
Voluntarily cooperated with law enforcement agencies.
FULL NAME1, immediately realizing the illegality of her actions and wanting to correct her mistake, decided to immediately cooperate with the police officers. She did not resist the police officers and voluntarily handed over the drugs. At the same time, she answered all the questions of the operational officers (case sheets 8-11).
She voluntarily expressed her desire and took part in the inspection of the crime scenes.
FULL NAME1, wishing to assist the investigation, offered to show the locations of the stashes and voluntarily agreed to take part in the inspection of the scene. At the same time, she answered all the questions of the operational employees. FULL NAME1 refused to give explanations during the interview because the procedural actions took a lot of time, she was tired and was in a stressful state.
In addition, FULL NAME1 took part in inspections of the crime scenes at the addresses: ADDRESS1, as well as ADDRESS2 - place of registration (case sheet 59-60). FULL NAME1 gave voluntary consent to inspect the apartments at the specified addresses (case file 53,58).
B) Throughout the investigation
Active
assistance in solving the crime
Throughout the investigation: during interrogations of the suspect (cases 44-47) and the accused, FULL NAME1 gave detailed, detailed testimony regarding the circumstances and motive for committing the crime, and answered all questions of interest to the investigation.
Full name 1 did not interfere with obtaining samples for comparative research (case file 74, 75).
“Active assistance in solving a crime” can be expressed by providing information, reporting details of the crime, etc.
Let us turn to the explanations of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated December 22, 2015 (as amended on December 18, 2018) No. 58 in paragraph 30: “On the practice of imposing criminal punishment by the courts of the Russian Federation”: “Active assistance in the detection and investigation of a crime should be taken into account as a mitigation punishment of the circumstances provided for in paragraph “i” of part 1 of Article 61 of the Criminal Code of the Russian Federation, if the person has provided the inquiry or investigative authorities with information relevant to the disclosure and investigation of the crime about a crime committed with his participation or about his role in the crime.”
The defense believes that the actions of FULL NAME1 from the first minutes of detention and during the investigation must be regarded as active assistance to the investigation in solving and investigating crimes
related to illegal drug trafficking.
We ask the court to recognize these circumstances as mitigating
on the basis of
paragraph “i” of Part 1 of Art.
61 of the Criminal Code of the Russian Federation and Part 1 of Article 62 of the Criminal Code of the Russian Federation. Other circumstances mitigating punishment
According to Part 2 of Art. 61 of the Criminal Code of the Russian Federation
: “when assigning a punishment, circumstances not provided for in part one of the article may be taken into account as mitigating circumstances”
A similar rule is contained in paragraph. 2 clause 28 of the above PPVS of the Russian Federation: “In accordance with part 2 of article 61 of the Criminal Code of the Russian Federation, the list of circumstances mitigating punishment is not exhaustive.”
As circumstances mitigating punishment, on the basis of Part 2 of Article 61 of the Criminal Code of the Russian Federation, we ask the court to recognize:
He is not registered with a psychologist or narcologist;
Has registration and permanent residence in Samara;
Crime committed for the first time
;
Guilty plea
;
Repentance for what he did.
She very much regrets that she made an irreparable mistake and ruined the lives of herself and her loved ones.
Young age.
FULL NAME1 was brought to administrative responsibility under Part 1 of Article 6.9 of the Code of Administrative Offenses of the Russian Federation. At the moment, she has fully paid the administrative fine.
In addition, it is necessary to take into account the clarifications of the RF PPVS No. 58, namely:
Paragraph 3, paragraph 27 “By virtue of Part 3 of Article 60 of the Criminal Code of the Russian Federation, when assigning punishment to the courts, along with the nature and degree of public danger of the crime, data on the identity of the perpetrator, circumstances mitigating and aggravating the punishment, it is also necessary to take into account the impact of the imposed punishment on the correction of the convicted person and living conditions of his family."
Application of Article 64 of the Criminal Code of the Russian Federation
Article 64 of the Criminal Code of the Russian Federation and par. 1 clause 40 of the RF PPVS No. 58 dated December 22, 2015 (as amended on December 18, 2018) “On the practice of imposing criminal punishment by the courts of the Russian Federation”:
— “The court has the right to recognize as exceptional circumstances giving rise to the application of Article 64 of the Criminal Code of the Russian Federation, both individual mitigating circumstances and their totality, indicating in the verdict the grounds for the decision. Article 64 of the Criminal Code of the Russian Federation can also be applied in the presence of circumstances aggravating the punishment.”
In the criminal case in relation to FULL NAME1, there is a mitigating circumstance provided for in paragraph “i” of Part 1 of Article 61 of the Criminal Code of the Russian Federation - active assistance in solving and investigating a crime, as well as Part 2 of Article 61 of the Criminal Code of the Russian Federation - full admission of guilt, repentance for the crime .
Aggravating circumstances:
in accordance with Art. 63 of the Criminal Code of the Russian Federation is absent from the materials of the criminal case.
The position of FULL NAME1, based on the voluntary notification to law enforcement officers of the circumstances of the criminal act he committed, directly influenced the course of the investigation of the criminal case, since it was essential for establishing the circumstances of the commission of crimes previously unknown to law enforcement agencies.
The mitigating circumstances listed above in their entirety, including those related to the motives of the crime, the behavior of FULL NAME1 after the commission of the crime, we ask the court to recognize as exceptional circumstances and impose punishment using Article 64 of the Criminal Code of the Russian Federation.
Based on the above and guided by Article 61.62 of the Criminal Code of the Russian Federation,
Ask:
Take into account the presence in the actions of FULL NAME1 of mitigating circumstances provided for in clause “and” part 1 of article 61, part 2 of article 61 of the Criminal Code of the Russian Federation
Defender Full Name1
__________________
lawyer Dragunov M.E.
Sincerely, lawyer Anatoly Antonov, managing partner of the law firm Antonov and Partners.
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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.
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.
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.
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.
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.
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.
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.”
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.
