Because it is suspected to constitute a criminal offence, it has a great influence on the parties, so criminal cases usually entrust professional lawyers to provide defense. Hiring a lawyer is bound to be accompanied by the payment of fees, so how do criminal defense lawyers charge at this time? Let's learn the details together.
1. How do criminal defense lawyers charge?
Article 3 of China's Interim Measures for the Administration of Charges for Lawyers' Services stipulates that a law firm shall, when providing the following legal services according to law, charge its clients the fees for lawyers' services according to the prescribed charging standards:
(1) Acting as an agent in civil cases;
(2) Acting as an agent in administrative cases;
(3) Providing legal advice to criminal suspects in criminal cases, acting as an agent for complaints and accusations, applying for bail pending trial, and acting as the defendant's defender or the agent of the private prosecutor or the victim;
(4) Acting as an agent for appeals in various litigation cases;
(5) Entrusted arbitration;
(six) as a legal adviser;
(7) Providing non-litigation legal services;
(eight) to answer questions about the law and write litigation documents and other documents related to legal affairs.
At the same time, Article 4 stipulates that the formulation and adjustment of charging standards for legal services in Items (1), (2), (3), (4) and (5) of Article 3 of these Measures shall be approved by the judicial administrative department of the State Council and submitted to the competent price department of the State Council. The competent price departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government may, according to the actual situation in the region and within the price range specified by the competent price department of the State Council, determine the charging standards implemented in the region and report them to the competent price department of the State Council for the record. The charging standards for legal services in Items (6), (7) and (8) of Article 3 of these Measures shall be determined through consultation between the law firm and the client.
According to the above regulations, we can see that the charging standards of criminal defense lawyers are different everywhere. So, let's take Shanghai as an example. The charging standard for criminal cases in Shanghai is:
1, piece rate
(1) Providing legal advice and acting as an agent to appeal, accuse and apply for bail pending trial in the investigation stage: 1500- 10000 yuan/piece;
(2) Review and prosecution stage: 2000- 10000 yuan/piece;
(3) Preliminary stage: 3000-30000 yuan/piece.
Those who represent criminal cases of private prosecution or act as victims' agents shall be charged as appropriate with reference to the above standards.
2. Time cost
Acting as an agent in criminal, civil and administrative litigation cases and state compensation cases, and acting as an agent in appeal cases of various litigation cases, the hourly fee is 200-3000 yuan/hour.
3. Description of expenses
(1) If a criminal suspect or defendant in a criminal case involves several charges or criminal facts at the same time, they may be prosecuted one by one according to the charges or criminal facts involved.
The civil litigation part of criminal incidental civil litigation cases shall be charged according to the standards of civil litigation cases.
(3) Acting as an agent in all kinds of litigation cases, in accordance with the standards of first instance.
(four) major, difficult and complicated litigation cases can be determined within 5 times of the prescribed standards after consultation between the law firm and the client. The identification standards and related measures for major, difficult and complicated cases shall be formulated separately by the Municipal Lawyers Association and reported to the municipal price department and the municipal judicial administrative department for the record.
(5) Unless otherwise specified, the above charging standards refer to the charging standards in the first instance of litigation cases. If a case is independently represented in the second instance, death penalty review, retrial and execution, the charging standard at the first instance stage shall be implemented. If it represents the previous stage, it will be charged by half from the latter stage.
Second, how to find a criminal defense lawyer?
1, go to a regular law firm.
General law firms will introduce you to professional criminal defense lawyers, and then fully communicate with lawyers and decide to hire lawyers you think are suitable.
2. Search through the Internet.
The situation on the network is complicated, but the operation is simple and the information is rich. We should learn more from the experience of lawyers and handle cases, and make some comparisons. It is best not to find a "tiger balm" lawyer. It is unrealistic for a lawyer to master any law.
You can find a lawyer through a famous case.
. Many defendants with backgrounds will entrust senior criminal defense lawyers to defend, the cases will be widely reported, and the names of lawyers will be easier to find. Senior criminal barristers are expensive, which is even more unbearable for ordinary people.
In short, when a lawyer needs to be entrusted by the judiciary for criminal prosecution, you can't sign a contract with a lawyer behind the law firm. At the same time, due to the different fees of criminal defense lawyers, we can't go to the extreme of "the more barristers, the better" or "the lower the fees, the better". We should do our best. The above is the answer of how the criminal defense lawyer charges, hoping to help you.