Zhu Jun

Former Chief Judge of the Second Criminal Tribunal of the Beijing High - level People's Court

The Criminal Defense Open Class of this session specially invited Zhu Jun, the former chief judge of the Second Criminal Tribunal of the Beijing High - level People's Court, as the keynote speaker.

First, what is a successful defense? Judge Zhu Jun believes that a defense that can be heard by the judge, move the judge, and persuade the collegial panel is an effective defense. Lawyers should communicate with judges as much as possible to narrow the cognitive gap with them, understand their thoughts and viewpoints, and know which demands are feasible and which are not. Only in this way is it possible to achieve a successful defense.

Second, where should one start for a successful defense? Judge Zhu Jun believes that criminal law is about seeking truth from facts. Successful defenses always start from facts and evidence. Lawyers should respect facts and evidence, seize objective evidence, and obtain objective evidence, which can play a decisive role and collapse the entire accusation system. Judge Zhu Jun vividly explained this with examples such as the reply from the State Administration for Industry and Commerce, the transaction price of mahogany carvings, the consumption receipt from a KFC restaurant, and the expert opinion on the writing time of handwriting, which were obtained through the efforts of defense lawyers in specific cases. Judge Zhu Jun also emphasized that a successful defense is not about grandstanding and talking non - stop in court, but about undeniable evidence and logic.

Third, what are the specific paths to a successful defense? Judge Zhu Jun believes that not every case is suitable for a not - guilty defense. It is neither objective nor realistic to pursue a not - guilty defense for every case taken on. A good lawyer should determine the defense strategy from the perspective of safeguarding the interests of the client. If, based on the evidence, there is no possibility of a not - guilty verdict, then obtaining a relatively lenient handling result for the client is a successful defense. Specifically, this can be achieved through ways such as changing the charge, reducing the facts, and finding solutions from policies. Judge Zhu Jun explained this in detail with specific cases.

Finally, can the viewpoints of not - guilty and mitigating - guilt defenses be put forward simultaneously? How to apply for the exclusion of illegal evidence? How to communicate effectively with judges to obtain the discretionary power of judges? How to understand and apply the principle of correspondence between crime, liability, and punishment? How to seek maximum benefits for clients through mitigating circumstances? How to identify cases with significantly minor circumstances and firmly conduct a not - guilty defense for clients? How do judges implement the concepts of natural law, national law, and human feelings in criminal trials? How does the court treat the expert opinion led by the defense side, and what is the difference in the effect of the expert opinion led by the court? Judge Zhu Jun gave wonderful explanations with real - life cases.