What are the procedures for lawyers to handle criminal cases?
General specification
1. Defence lawyers may consult, extract and copy litigation documents and evidential materials related to this case from the date of examination and prosecution.
2. Defense lawyers can read papers by consulting, extracting, copying, taking photos and scanning. , and can choose the appropriate reading method according to the situation.
3, defense lawyers to the people's Procuratorate, the people's court marking, you can make an appointment with the corresponding case handling units in advance, ask questions that need special attention in marking, and make preparations for marking in advance.
4. Defence lawyers should follow the principle of comprehensiveness and objectivity in marking papers, and ensure accuracy and completeness when extracting and copying case files.
(a) the case file material is less, it should be completely copied;
(2) If there are many files and it is not necessary to copy them all, the defense lawyer shall select key materials for copying on the basis of complete marking. For verbal evidence, the full text should generally be copied; For other evidence materials, the defense lawyer may extract some materials, but shall briefly record the main contents of the parts that have not been extracted.
5. Defense lawyers should read litigation documents first to understand the facts, evidence, charges and applicable laws of criminal suspects and defendants, so as to read papers in a targeted manner.
6. After getting the case file, the defense lawyer should first check whether the case file is complete. Then look through the file directory to understand the types of evidence materials in the volume, and then read the materials in the volume extensively to understand the main contents of evidence materials to prepare for copying materials.
6 defense lawyers should focus on the following contents when marking papers:
(1) Identity of the criminal suspect: including name, gender, date of birth, occupation, unit, etc. ; If a unit is suspected of committing a crime, it shall know the relevant information of the unit;
(2) Suspected criminal facts: whether the suspected criminal facts and circumstances are clear, and whether the time, place, means, criminal facts and harmful consequences of the crime are clear;
(3) Evidence materials: examine and judge the legality, objectivity and relevance of evidence, and judge whether the proofs of the facts of the case by the investigation organs and procuratorial organs are true and sufficient, and whether there are circumstances that should exclude illegal evidence;
(4) the nature of the case: whether the behavior of the criminal suspect or defendant constitutes a crime, and whether the charges in the litigation documents are accurate;
(5) Circumstances of sentencing: the criminal suspect and the defendant have circumstances that cannot be lightened, mitigated or exempted from punishment, as well as discretionary circumstances of lighter punishment;
(6) Proceedings: Whether the personal rights of criminal suspects and defendants are restricted, whether their litigation activities are legal and whether the legal procedures are complete;
(7) Co-defendant information: in the case of * * * joint crime, understand the position, role and responsibility of the criminal suspect and defendant in * * * joint crime;
(8) Victims: Whether the victims are at fault or not, and whether they understand the suspects and defendants;
(9) Information on the money and goods involved: whether the goods involved have been sealed up, detained or frozen, and whether the list is complete.
7. After copying the case file, the defense lawyer shall carefully read the case file. If there are few files, they can directly mark the key contents on the copied materials. For cases with more materials, scoring records should be made.
8. The scoring record can adopt the following methods:
(1) Abstract method: The contents of the extract include the identity of the criminal suspect and the defendant, the situation of taking compulsory measures, the accused facts, confessions, evidence, the nature of the case and the basis for identification, etc. ;
(2) List method: the list method has a wide scope of application and can be classified and enumerated according to the needs of cases:
1. Index table: For cases with more evidence materials, an index table can be made, in which the file number, the name of evidence, the time of obtaining evidence, etc. are listed to facilitate the search for evidence materials.
2. Classification table: For cases with more suspected criminal facts and charges, different evidence materials can be classified and listed according to the needs of the case.
3. Comparison table: the statements made by the criminal suspect and the defendant for many times are inconsistent with the facts and circumstances of the case; The confession is inconsistent with the witness's testimony; If the witness's testimony is inconsistent, you can use a comparison table.
(3) Graphic method: For cases with complicated events or relationships between people, graphic method can be used to simplify the complex and clarify the thinking. There are many forms of graphic solutions, such as block diagram, line segment diagram, circular diagram, rectangular diagram, cross diagram and so on.
4. Defense lawyers should have opinions on marking after marking, which should include the analysis of the facts, evidence, nature and applicable law of the case.
5. If the people's procuratorate or the people's court refuses the defense lawyer to read the papers, the defense lawyer shall communicate as much as possible. If the communication cannot be resolved, which has affected the normal work of the defense lawyer, the lawyer may lodge a complaint or accusation with the people's procuratorate at the same level or at the next higher level.
6. The materials extracted and copied by lawyers shall be kept confidential and properly kept. The state secrets, business secrets and personal privacy that come into contact with the marking should be kept strictly confidential.
Review the score at the prosecution stage.
7. In the stage of examination and prosecution, when reading the prosecution opinion, the defense lawyer focuses on the identity of the criminal suspect, the process of arriving at the case, the facts and evidence ascertained by investigation, the accused charges and the applicable laws.
8. In the stage of examination and prosecution, if the procuratorate returns the case to the investigation organ for supplementary investigation, after the supplementary investigation is completed, the defense lawyer shall promptly go to the procuratorate to consult and copy the evidence materials for supplementary investigation.
Marking of preliminary examination stage
1. At the stage of first instance, when reading the indictment, the defense lawyer can compare the indictment with the prosecution opinion to find out whether the facts, evidence, charges and applicable laws of the public prosecution agency have changed.
2. Although defense lawyers have consulted, extracted and copied the case files in the stage of examination and prosecution, they still need to consult, extract and copy the case files at this stage, focusing on the evidence materials collected by the procuratorial organs.
Marking in the second trial stage
1. In the second trial stage, when reading the judgment document of first instance, the defense lawyer should focus on the facts identified in the judgment document of first instance, the evidence adopted by the defendant, the defense opinions of the defender and the situation adopted by the people's court of first instance.
2. The files of the second trial stage include all files transferred by the people's procuratorate and the files of the court of first instance. Defense lawyers should pay attention to refer to the trial transcripts of the first instance to see if there is any evidence that was not cross-examined at the first instance and was taken as the final evidence by the court of first instance.
Marking of death penalty review procedure
1. In the review stage of death penalty, defense lawyers should focus on the facts, charges, reasons and applicable laws of the case when reading the judgment documents of the first and second trials.
2. In the review stage of death penalty, there is no law that defense lawyers can go to the people's court to read papers. Lawyers who have not served as defenders of the first and second trials may obtain the case files in the following ways:
(1) Borrowing files from the original defense lawyer's law firm through his own law firm;
(two) strive to consult, extract and copy the case files through the people's court that originally tried the case;
(3) Obtaining files through other legal channels.
Handling criminal cases generally requires consulting professional and experienced criminal defense lawyers.