What should the court say when it asks for a final statement?

There is no uniform requirement for the content of the defendant's final statement in legal trial. Mainly, the defendant wants to talk about his own understanding and lessons of the crime, and expresses the hope that the court can give a lighter or mitigated punishment.

The defendant's final statement should be based on the facts of the crime and have a correct attitude. If he has a good attitude, he can be given a lighter punishment according to his repentance.

Repentance is the essential condition for probation, and it is also an important consideration in cases of intentional injury (serious injury). However, there are misunderstandings in judicial practice, and judges often identify repentance simply by compensating the victims for their losses, thus expanding the scope of application of probation.

Extended data

The defendant's right of final statement must be exercised by oral statement in court as the only form, and any other form such as writing can not replace oral statement. Therefore, the right of final statement is regarded as the natural embodiment of the principle of words.

The so-called verbal principle means that the court must try the case by oral statement, that is, oral form. It is an important development for the litigation system to move towards modern civilization that the open direct verbal trial replaces the secret indirect written trial.

Unless otherwise provided by law, all evidence materials that have not been investigated in court shall not be used as the basis for judgment. Therefore, the submission of written defense and other written materials cannot be a reason to deprive or restrict the defendant's right to make a final statement. It can be seen that the verbal principle, as one of the modern trial principles, is also a theoretical basis for the defendant's right to make a final statement.

The defendant shall not make improper repetition in his final statement. Some defendants will be temporarily stagnant or confused because of psychological tension and other factors, and may repeat the statements in the previous procedure in the final statement.

Or stubbornly insist on and repeat your point of view many times. In this case, the judge can appropriately stop it, but in order to maintain the coherence of the logical system or other needs of the statement, some inevitable repetition should be allowed.

Baidu Encyclopedia-Final Statement Right