First, how to deal with the new charges of lawyers looking for defenders?
Lawyers need to inform the judicial organs of the crime after discovering that defenders have committed new crimes. The specific reasons are as follows:
Criminal procedure law
Article 48 A defense lawyer shall have the right to keep confidential the relevant information and materials of his client that he knows in his practice. However, if the defense lawyer knows that the client or others are preparing or committing criminal acts that endanger national security, public security and seriously endanger the personal safety of others, he shall promptly inform the judicial organs.
Second, what should I do if I find a new crime during the trial?
"the Supreme People's Court on the application of
Article 243rd of the Interpretation, if the people's court discovers new facts that may affect the conviction during the trial, it may suggest that the people's procuratorate supplement or change the prosecution; If the people's procuratorate disagrees or fails to reply within seven days, the people's court shall make a judgment or ruling on the criminal facts accused by the procuratorate in accordance with the provisions of Article 241 of this Interpretation.
Article 175 of the Criminal Procedure Law stipulates that when examining a case, the people's procuratorate may request the public security organ to provide evidence materials necessary for the trial; If he thinks that there may be cases of collecting evidence by illegal means as stipulated in Article 54 of this Law, he may be required to explain the legality of collecting evidence.
When examining a case, the people's procuratorate may return it to the public security organ for supplementary investigation or conduct its own investigation.
A case under supplementary investigation shall be completed within one month. Supplementary investigation is limited to two times. After the supplementary investigation is transferred to the people's procuratorate, the people's procuratorate recalculates the time limit for examination and prosecution.
1. If a new criminal fact is discovered, but it does not affect the nature, such as theft, there were originally three charges, and now it is discovered that 1, the procuratorate can make additional prosecution or re-prosecution;
2. If new facts are discovered, it will affect the characterization of the charges. For example, in a robbery case, it is found that the defendant carried a murder weapon when committing the crime, then the procuratorial organ can change the prosecution to a charge of robbery;
3. If new facts, such as robbery, are found in the trial of theft cases, the procuratorial organ may additionally prosecute or separately prosecute;
4. If the above contents are discovered by the court, it may inform the public prosecutor appearing in court or the procuratorate that initiated the public prosecution, and suggest adding or changing the prosecution. If the procuratorate does not add or change, the court can only hear and judge the facts of the original accusation. Of course, the procuratorate accused a crime, and the court may sentence it to B crime, but the facts of the trial are all the same as those accused by the procuratorate.
If, during the trial of criminal cases by the court, the judicial organs find that criminals have committed new criminal acts, then the court may choose to try each crime separately, and then apply the principles of combined punishment for several crimes, felony absorbing misdemeanor, and then hold a court session to pronounce the final penalty.