Drafting the response note

Drafting the response note

Disclaimer: This is a legal article that provides information that does not replace consulting a competent lawyer to help you and for more accurate information.

The law guarantees you the right to submit your defense in writing to the court. Article 172 of the Code of Criminal Procedure stipulates that: “Each of the opponents may submit to the court what he has related to the case in writing, to be included in the case file.” To ensure that the court accepts and is convinced of your defense, the response memorandum should be formulated sequentially and logically according to the following structure:

First: Preamble and basic statements

 The memorandum must top the case information for easy registration, and include:

• Name of the court and judicial district examining the case.
• Number and date of filing the lawsuit.
• Statements of the parties to the case: (Submitted by the accused: “Name and ID number” / Against the Public Prosecutor of the Public Prosecution).
• Subject of the memorandum: (Defense response memorandum in response to the general lawsuit regulations).

Second: Introduction

 It contains a quick reference to what happened in the previous session, such as: “Based on the session held on (..) In which I received the Public Prosecutor’s lawsuit list, which included my accusation of (mentioning the charge briefly), I submit to Your Eminence this memorandum in response to what was stated in it:.

Drafting the response note

Third: Defenses (which are the core of the memorandum)

 It is preferable to divide it into two parts to arrange the judge’s thoughts:

• Formal (procedural) defenses: These are initially to clarify any defect in the prosecution’s procedures. Such as: invalidity of arrest and search (if carried out without legal justifications), statute of limitations for the case, or forced extraction of confessions.
• Substantive defenses (response to the core accusation): Each piece of evidence presented by the Public Prosecution is discussed separately, through:
  • Denying the material element of the crime (that the act did not occur in the first place, or was not caused by you).
  • Denial of the moral element (criminal intent and intentional causation).
  • Refuting evidence: If the prosecutor relies on witnesses, you can challenge their testimony or contradict their statements. If it is based on reports, you can request that an expert be seconded to oppose them.

Fourth: Conclusion and requests

 You end your memorandum with clear and specific requests based on the justifications you have provided, such as: “Based on the above, I ask Your Eminence to kindly:

1. Judgment of non-conviction (innocence) due to insufficient evidence, inconsistency, and (remember the main reason for your defense).
2. Reject the prosecutor’s lawsuit. Appendix it with your signature and the date of submission.

Important note for oral questioning:

 Under Article 173 of the Code of Criminal Procedure, the Code guarantees you the right to comment and respond to the Public Prosecutor, and that you (the accused) will be the last to speak. Therefore, take advantage of your opportunity in the session to summarize what was stated in the note verbale if you are asked to do so or if you deem it necessary to clarify to the court without repetition that would distract you from the subject of the case.

Drafting the response note

For law and legal consultations..Contact the office of lawyer Abdul Majeed Al Rashid.

References

• Article 172 of the Code of Criminal Procedure
• Article 173 of the Code of Criminal Procedure