Case theory presentation. Through the defense opening statements and closing arguments

      Аннотация: It is very important for the defender to understand and to surmount the adversarial system. The opening statement is an important court process phase because it is the only opportunity then the defender states the facts in the way they want. During the opening statement, the defense case theory is working up and will be elaborated during the trial. The opening statement contains three aspects: theory of case theme, story, and sentence demand. The defense must contain clear strategy in order to be effective. The strategy will give the direction for all the activities that the defense should take over them. The strategy is defined as „a long term activity plan whose aim is to achieve some practical goal“. The essence of the defense strategy is „the case theory“. According the professional literature the case theory presents analyze or explanation of the facts, evidences and law acts. The strategy is a plan for plausible presentation of the analyzes in order this to be accepted by the court. This persuasive presentation by the defense should be presented at the beginning of the main hearing trough the defender opening statement who will make a strong impression on the court.

Ключевые слова: Law, court, Defender, process, case theory