Come si realizza una strategia Difensiva nel processo penale

If you'd like to discuss your legal case, contact me here. http://www.avvocatofrancescodandria.it/ How do you plan and implement a defense strategy? In this video, we discuss defense strategy—that is, how to devise, plan, and execute your defense to take the field and try to win the criminal trial. A preliminary point is in order. You might say, "I'm not a lawyer, I pay a defense attorney, and he's supposed to pull my chestnuts out of the fire." Wrong. Your defense strategy isn't implemented solely by your defense attorney, because he needs your cooperation and your expertise. So: You're the one who comes up with the idea, then the defense attorney will write the screenplay (the screenwriter) and direct the film (the director). This means that, whatever you may think, you are not uninvolved in developing the defense strategy. The defense strategy is based on three elements: Conception. Planning. Execution. Conception. The conceptual phase involves establishing the objective to be achieved. That is, it gives us a vision of what we want to achieve. What objective do we want to achieve? It is clear that this assessment must be made not by flipping a coin, but through an evaluation of the procedural documents and the information you, the client, will provide to your lawyer. This phase is very important because it is here that you will have to make the most of your contribution to your lawyer, that is, you will have to bring to the table all the information about the legal case in which you are involved. Only in this way can I, as the lawyer, advise you whether the evidence on the table is favorable or unfavorable to us, and only then can we, in a rational and thoughtful manner, correctly identify the objective. So, what is the objective? To play to win or to draw? The objective, therefore, must be set by studying the procedural elements, the opponent's strengths and weaknesses, while maintaining awareness of one's own limitations but also confidence in one's own potential. 2. Planning Once the conceptual phase is over and the objective has been established, your defense attorney will need to plan. If I know that the injured party has made a false accusation against my client in order to obtain substantial damages, then my defense planning must focus on destructively cross-examining the prosecution's witnesses and producing documents that refute what they assert in court. Execution Someone has said: the idea is nothing; the execution is everything. How many times have you heard from a friend, a relative, or an acquaintance a great idea that, however, remained just that. Perhaps it even had a chance of success but remained on the shelf. This principle also applies to criminal proceedings. We can set grand goals and plan extensively, but what matters in a criminal trial, as in life, is the execution of our strategic plan. We must execute cross-examination well, request documents, and pursue our defense strategy clearly and consistently. Clearly, everything could change because a witness might respond in ways we didn't expect, the judge might deny us witnesses or documents, in short, things could go differently than we had planned. In Hamlet, Shekspire wrote: "Our plans and our fates follow such diverse paths that every thought is disrupted." This doesn't mean we should be fatalistic and passively accept fate, but instead we must be ready, dynamic, and reactive. It means being able to change the execution as the case progresses, but always in a manner consistent with our stated objective and plan. So he was an intrinsically unreliable witness. As Sun Zun wrote: "No art is more difficult than the battle in the field." This is why it's important to work to develop a defense strategy that will be the torch that will guide you through the thicket of criminal proceedings. *** If you enjoyed this video, please "Like" it and subscribe to my channel. You'll always be updated on my new videos. If you'd like to entrust me with your legal case, call me and I'll be ready to listen and help you because... I'm Francesco D'Andria and I'm on your side. #CriminalLawyer #CriminalProceedings #DefenseStrategy ========================================================= Subscribe to my channel here https://www.youtube.com/user/MsDandri... Visit my website here http://www.avvocatofrancescodandria.it