Besides, there is still a lot of work to be done. The defense lawyer shall comprehensively read the papers, understand the case, carefully examine whether the facts accused by the criminal suspect and the defendant constitute a crime, whether the criminal suspect and the defendant voluntarily plead guilty, and whether they have been subjected to violence, threats, temptations and other illegal evidence collection, and provide legal advice and suggestions to the criminal suspect and the defendant in a timely manner.
Defense lawyers should actively apply for bail pending trial and residential surveillance for criminal suspects and defendants, participate in the process of signing written statements by criminal suspects and participate in the reconciliation process with victims and their relatives.
In the stage of examination and prosecution, after fully communicating with the criminal suspect and defendant, the defense lawyer can put forward sentencing opinions to the procuratorial organ with the consent of the criminal suspect and defendant. At the trial stage, defense lawyers can express their defense opinions mainly around sentencing issues.
legal ground
Criminal Procedure Law of the People's Republic of China
Article 190 When a trial is held, the presiding judge shall ascertain whether the parties are present in court and announce the cause of action. Announce the names of the members, clerks, prosecutors, defenders, agents ad litem, appraisers and translators of the collegial panel; Inform the parties that they have the right to apply for the withdrawal of members of the collegial panel, clerks, public prosecutors, appraisers and translators; Inform the defendant of his right to defense.
Examination of Confession and Punishment If the defendant pleads guilty and punishes, the presiding judge shall inform the defendant of his litigation rights and the legal provisions of confession and punishment, and examine the voluntariness of confession and punishment and the authenticity and legality of the contents of the confession and punishment statement. Article 191 After the public prosecutor reads out the indictment in court, the defendant and the victim may make statements about the crimes charged in the indictment, and the public prosecutor may interrogate the defendant.
The victim, plaintiff, defender and agent ad litem of an incidental civil action may, with the permission of the presiding judge, put questions to the defendant.
The judge can interrogate the defendant.