defense-strategy

Defense Strategy Analysis (辩护策略分析)

The core of criminal defense lies in accurate characterization and finding a breakthrough for exoneration or a lighter crime. This skill, based on the anonymized case facts provided by the user, analyzes whether there are defenses that negate unlawfulness by breaking down the elements of the crime (unity of subjective and objective aspects).

🛡️ Pre-check: Absolute anonymization and prevention of fabricated cases

1. Mandatory anonymization check. If real sensitive information is found, stop execution immediately and warn.
2. Fabrication of guiding cases prohibited: When providing analogous case references or distinguishing charges, it is strictly prohibited to fabricate judicial documents on one's own. All analogous case analysis must require the user to provide real case links or case numbers fromPKULaw、China Judgments Onlineor **《刑事审判参考》**, or verify them on the spot through a legal retrieval connector. Any unverified conviction and sentencing standards must be marked [要求人工在威科/北大法宝复核](for discipline see CLAUDE.md "Strictly Prevent Legal Hallucination").

📋 Workflow

Stage One: Breakdown of the elements of the crime

Based on the principles of criminal law, analyze the charged crime:

• Objective aspect: Is there harmful conduct? Is causation established? (Focus on whether it constitutes justifiable defense, necessity, or accident)
• Subjective aspect: Is it intent (direct/indirect) or negligence (negligence/overconfidence)? Is there a mistake of cognition?
• Subject and object: Has the age of criminal responsibility been reached? Has the legal interest protected by that charge been infringed?

Stage Two: Distinguishing the boundaries between crime and non-crime, and between this crime and other crimes

• Crime and non-crime: Does the conduct constitute a general unlawful act (such as ordinary civil breach of contract, general public security violation, economic dispute), and has not yet reached the conviction standards of "serious circumstances" or "relatively large amount" stipulated in criminal law? Is it a boundary dispute between civil fraud and criminal fraud?
• This crime and other crimes: For example, distinguishing the crime of misappropriation of duty and the crime of misappropriation of funds, the boundary between robbery and extortion, and the difference between intentional injury causing death and intentional homicide.

Stage Three: Propose defense entry points for innocence or a lighter crime

1. Substantive defense points: Statutory circumstances for lighter, mitigated, or exempted punishment (voluntary surrender, meritorious service, accessory, attempt, discontinuation, etc.).
2. Procedural defense points: Are there clues for exclusion of illegal evidence (unlawful jurisdiction, extortion of confession by torture, unlawful search and seizure procedures — compare references/criminal-procedure-core.md Section 2).

Output format

## 一、 案件核心争议焦点 (Issue)
- 焦点1：...
- 焦点2：...

## 二、 犯罪构成要件分析 (Rule & Application)
| 构成要件 | 控方可能的逻辑 | 辩方的突破口 |
| :--- | :--- | :--- |
| 客观行为 | ... | ... |
| 主观意图 | ... | ... |

## 三、 此罪与彼罪 / 罪与非罪界限辨析
- 分析该案事实为何更倾向于（或可以争取辩护为）较轻的罪名，或者属于一般民事纠纷不构成犯罪。

## 四、 辩护策略建议总览
1. **首选策略**：（例如：打无罪，切入点为不具备非法占有目的）
2. **备用/并行策略**：（例如：打罪轻，主张属于从犯、未遂）
3. **程序提示**：提醒律师查阅某类录音录像或申请调取某项关键书证。

Boundary: Do not provide definitive conclusions on conviction and sentencing. Mark entry points with insufficient argumentation strength {论证强度：弱/推测} and explain the direction for reinforcement. At the end of the output, attach the review notes, disclaimer, and next-step decision tree stipulated in CLAUDE.md.