Lawyers usually do what they are good at and focus on one field, such as civil, criminal and administrative. Of course, the most challenging thing still belongs to criminal lawyers, and of course, the fees charged by criminal lawyers also have certain standards.
First, the latest charging standards for criminal lawyers
(1) Preliminary stage:
① Investigation stage (including self-investigation by procuratorate): 6000- 18000 yuan;
② Review and prosecution stage: 6000-30000 RMB;
(3) probation period: 8,000-50,000 RMB;
(4) Negotiation expenses (complexity of the case, object of civil litigation, etc.). ) between private prosecution and incidental civil action.
⑤ For major and difficult cases involving national security crimes, crimes involving black and evil, and drug crimes, the agency fee shall be charged at twice the above standard.
If it is necessary to travel in different places because of handling a case, the entrusting party shall bear the transportation, accommodation and long-distance telephone charges, which can be reimbursed through negotiation or used at one time.
(2) The second trial stage
(1) For cases where there is no first-instance agent but only second-instance agent, the agency fee is charged according to the first-instance standard, and other handling fees remain unchanged;
(2) For cases that have been represented in the first instance, the agency fee is charged at half of the first instance fee, and other handling fees remain unchanged;
(3) Acting as an agent for a case sent back for retrial in the second instance, the agency fee shall be charged at half of the fee of the second instance, and other handling fees shall remain unchanged.
(3) retrial (appeal) stage
(1) If a retrial (appeal) case is independently represented without representing a case of first instance or second instance, the agency fee shall be charged according to the standard of first instance, and other handling fees shall remain unchanged.
(2) For cases that have been represented in the first and second instance, the agency fee shall be charged at half of the fee of the first and second instance. Other handling fees remain unchanged.
Second, the criminal case handling process
1, investigation stage (public security stage).
From the time a person is arrested to the time the case is transferred to the procuratorate, this stage is called the "investigation stage", which usually lasts about three months. It mainly includes detention for more than one month and arrest for about two months. The focus of this stage is to find out the ins and outs of the case and the basic facts through the investigation of the public security department.
2. Review and prosecution stage (procuratorial stage).
The Criminal Procedure Law stipulates that "the people's procuratorate shall make a decision on the case transferred for prosecution by the public security organ within one month, and the major and complicated cases may be extended by half a month." In other words, this stage is generally one month to one and a half months in time.
After the procuratorate has reviewed the case, there will be three situations:
(1) If it is determined that the facts of the case are clear and the evidence is conclusive, the procuratorial organ may transfer the case to the court for sentencing.
(2) If the criminal suspect's behavior does not constitute a crime, the procuratorate will make a decision not to prosecute.
(3) If the evidence of the case is not sufficient and conclusive, then the case can be returned to the public security department for re-investigation.
3. Trial stage (court stage).
At this stage, after reviewing the cases that have been prosecuted, the people's court shall decide to open a court session if the facts of the crime alleged in the indictment are clear and accompanied by a list of evidence, a list of witnesses and copies or photos of the main evidence. Except for cases involving state secrets or personal privacy, the people's courts try cases of first instance in public.
Three. Time limit for handling criminal cases
1. The time limit for handling criminal cases is the time limit stipulated by law for judicial organs to handle criminal cases. Its purpose is to avoid delays and bureaucracy in handling cases. China's Criminal Procedure Law stipulates that an arrested or detained offender must be interrogated within 24 hours; The detention period of the defendant in the investigation shall not exceed 2 months, and a few cases with complicated cases may be extended by 1 month with the approval of the people's procuratorate at the next higher level.
2. At the same time, the people's procuratorate shall make a decision on the cases transferred or exempted from prosecution by the public security organs within 1 month, and the major and complicated cases may be extended by half a month; When trying a case of public prosecution, the people's court shall pronounce a judgment within 1 month after accepting it, and no later than 1.5 months; After accepting an appeal or protest case, the people's court of second instance shall conclude the case within 1 month, which shall not exceed 1.5 months at the latest. The above provisions must be strictly observed.
Legal objectivity:
Measures for the Administration of Lawyers' Service Charges Article 3 Lawyers' service charges shall follow the principles of openness, fairness, voluntary compensation, honesty and credibility. Law firms should facilitate the people, strengthen internal management, reduce service costs, and provide convenient and high-quality legal services for clients. Measures for the Administration of Fees for Lawyers' Services Article 4 The fees for lawyers' services shall be subject to government-guided prices and market-regulated prices.