1. Can the lawyer tell his family about this case after the meeting?
Some can be told, and those involving the secrets of the case cannot be told.
After the meeting, the lawyer shall inform the family members of the meeting, the alleged charges and the main criminal facts, but if the case is secret, he shall not tell the family members.
Just because you can't tell the case doesn't mean you can't tell the parties about the progress of the case;
According to due process, the parties should be informed of every step of the case, such as at which stage, when the case should enter the next stage, when the court will open, and so on.
Usually, after the client entrusts a lawyer, the lawyer will communicate with the client after meeting the criminal suspect, but it is limited to necessary matters. Not all cases must be told to the parties, and some cases may need to be kept confidential during the investigation, so it is impossible to tell the parties.
However, the investigation lawyer can learn about the case from the criminal suspect, and after the investigation, he can verify the relevant evidence from the criminal suspect at the stage of public prosecution.
Criminal cases are mainly divided into three stages: investigation stage → examination and prosecution stage → trial stage, and lawyers' meetings play different roles in different stages.
Second, the role of lawyers in meeting criminal suspects at different stages.
In the investigation stage, the role of lawyers meeting with criminal suspects mainly includes:
1. You can learn the most real case.
2. Provide legal help directly to criminal suspects through interviews.
3. Through interviews, find out what evidence the investigation organ has, and finally determine the focus of investigation and evidence collection.
4. Submit legal opinions to the investigation organ.
5. Apply for bail pending trial for the criminal suspect.
In the stage of examination and prosecution, the role of teachers in meeting criminal suspects mainly includes:
1. Ask about the facts of the case and listen to the statements and excuses of the criminal suspect. If the facts stated by the criminal suspect are different from those stated in the public prosecution opinion, the defense lawyer should ask clearly, even if there are differences in details.
2. Check the materials and opinions that prove that the criminal suspect is innocent, the crime is light, or the criminal responsibility is reduced or exempted, and ask whether the criminal suspect has new witnesses, physical evidence and evidence clues.
3. Inform them of their litigation rights and obligations at the stage of review and prosecution. For example, when the case-handling personnel of the procuratorate interrogate him, he has the right to apply for withdrawal, the right to defense, the right to request re-appraisal, and the right to appeal against the prosecution decision.
4. Ask about the case. Ask about the duration of his detention, whether the case-handling personnel have carried out illegal acts such as extorting a confession by torture and detaining him in disguised form, and whether they have seized or frozen property with the case.
In the trial stage, the role of teachers meeting with criminal suspects mainly includes:
1. Before meeting the defendant, the lawyer had carefully reviewed all the case files, summarized the doubtful points and difficulties of the case, found the key to the defense, and then adopted strategies to find his client.
2. Listen to the defendant's opinions on the indictment, further communicate with the defendant according to the marking situation, check the facts of the case, and effectively filter the illogical links in the whole case.
3. Listen to the defendant's self-defense opinions, explain the defense opinions initially formed by lawyers to the defendant and ask for their opinions.
4. Inform the defendant of the trial process in detail.
5. Teach the defendant trial skills.
6. Teach the defendant how to defend himself effectively.
7. Inquire and check the materials and opinions that prove the defendant's innocence, light crime, or reduce or exempt him from criminal responsibility again.
8. Ask the defendant again if he has any new evidence and clues.
9. Ask the defendant's opinions on criminal incidental civil action.
10. If the defendant has not committed a crime, encourage him to retract his confession bravely, and don't be afraid of being accused of "the crime of guilty attitude".
1 1. Give the defendant other legal help.
At different stages of a case, lawyers have different functions in meeting criminal suspects. In the investigation stage, it is mainly to understand the real situation and help the parties, in the review stage, it is mainly to check whether the relevant information is true, and in the trial stage, it is mainly to ask the opinions of the parties.