What are the operating procedures for lawyers to handle criminal cases
General norms 1, the defense lawyer from the date of examination and prosecution, you can access, excerpts, and copies of case-related litigation documents and evidence materials. 2, the defense lawyer can use the inspection, excerpts, copying, photography, scanning and other ways to read the file, you can choose the appropriate way to read the file according to the case. 3, the defense lawyer to the people's procuratorate, the people's court to read the file, you can make an appointment in advance with the appropriate case unit, ask for special attention to the reading of the file, in advance to do a good job in preparation for reading the file. 4, defense lawyers should follow the principle of comprehensive, objective reading, excerpts, copying the case file materials should ensure the accuracy and completeness. (a) if the case file material is less, should be copied; (b) if the case file material is more, there is no need to copy the complete, defense counsel should be in the complete reading of the file on the basis of the selection of key materials for copying. For verbal evidence, generally should be copied; for other evidence, defense counsel can choose to copy part of the material, but should be briefly recorded without excerpts, copy part of the main content. 5, the defense lawyer should read the proceedings, understand the suspect, the defendant is suspected of criminal facts, evidence, charges, applicable law, in order to targeted reading. 6. Defense lawyers get the case file materials, first check the file materials are complete. Then flip through the file directory, to understand the types of evidence materials in the volume, and then the volume of materials for general reading, to understand the main content of the evidence materials, to prepare for copying materials. 6. Defense attorneys read the file, should focus on understanding the following: (a) the identity of the suspect status: including name, gender, date of birth, occupation and unit; unit suspected of committing a crime, should be aware of the unit's relevant circumstances; (b) the suspected facts of crime: suspected of committing a crime, whether the circumstances of the facts and circumstances of the crime are clear, the implementation of the crime of the time, place, means, and the facts of the crime, Whether the harmful consequences are clear; (C) evidence: review and judgment of the legality of the evidence, objectivity, relevance, judgment of the investigating authorities, the procuratorial organs of the facts of the case is true, sufficient proof, there should be no exclusion of illegal evidence of the situation; (D) the case characterization: the suspect, the defendant's behavior constitutes a crime, the litigation document characterization of the crime is accurate; ( (E) sentencing circumstances: criminal suspects, defendants have no statutory mitigating, mitigating, exempting from punishment and discretionary mitigating circumstances; (F) proceedings: criminal suspects, defendants, restrictions on personal rights and their litigation activities are lawful, whether the legal formalities are complete; (VII) co-conspirators: *** with the case of the same crime, to understand the suspects, defendants in the *** with the crime. *** with the crime in the status, role and responsibility; (viii) the situation of the victim: the victim has no fault, whether the suspect, the defendant understanding; (ix) the situation of the money and goods involved in the case: there is no seizure, seizure, freezing of goods involved in the case, whether the list is complete. 7. Defense attorneys will copy the case file materials, should be careful, meticulous reading of the case file materials, case file materials less, you can copy the materials directly on the key content of the circle. For more case materials, should be made to read the transcript. 8. Production of reading transcripts, you can take the following methods: (a) excerpts: excerpts include suspects, the identity of the accused, the adoption of coercive measures, the alleged facts, confessions, evidence, the nature of the case and the basis for determining; (b) list method: the list of the law applies to a wider range of cases can be categorized according to the need for a list of the case: 1, Index Table: for cases with more evidence material, can make index table, the evidence material in the file number, the name of the evidence, the evidence of the time and so on in the index table, in order to facilitate the search for evidence material. 2, classification table: for the suspected crime of more facts, more crimes in the case, according to the needs of the case, you can make a classification list of different evidence materials. 3, comparison table: for the facts and circumstances of the case, the suspect, the defendant's multiple confessions are inconsistent; confessions and witness statements are inconsistent; inconsistency between witness statements, can be used to control the table. (C) illustration method: for events or people with more complex cases, you can use the illustration method, simplify the complexity, clear thinking. Diagram method has a box diagram, line diagram, circular diagram, rectangular diagram, vertical and horizontal diagrams and other forms. 4, the defense lawyer should read the file after reading the opinion, reading the opinion should include the facts of the case, evidence, qualitative, applicable law and other aspects of the analysis. 5, the people's procuratorate, the people's court refused to defense counsel to read the file, the defense counsel should try to communicate. After communication can not be resolved and has affected the normal work of defense lawyers, lawyers can be to the same or higher level of the people's procuratorate to file a complaint or accusation. 6, the lawyer excerpts, copies of the material should be kept confidential, and properly stored. Read the file contact with state secrets, commercial secrets and personal privacy, should be strictly confidential. Review of the prosecution stage of the reading 7, in the review and prosecution stage, the defense lawyer read the indictment, focusing on the identity of the suspect and the arrival of the case, the investigation of the facts and evidence, the suspected crime and applicable law. 8, review and prosecution stage of the Procuratorate will return the case to the investigating authorities for additional investigation, additional investigation is completed, the defense lawyer should be timely to the Procuratorate to review and copy the evidence of additional investigation. First trial stage of reading 1, in the first trial stage, the defense lawyer to read the indictment, the indictment can be compared with the indictment, to grasp the prosecution in the accusation of the facts, evidence, crimes and applicable law, there is no change. 2, although the defense lawyer has been in the prosecution stage review, excerpts, copy the case file materials, but in this stage still need to review, excerpts, copy the case file materials, focusing on checking the Prosecutor's Office of self-collected evidence materials. The second trial stage of the reading 1, the second trial stage of the defense lawyer to read the first instance documents, focusing on understanding of the first instance documents to determine the facts, the evidence admitted, the defendant's defense and the defense point of view of the defense, the people's court of the first instance to adopt the situation. 2, the second trial stage of the case file materials, including the People's Procuratorate transferred all the case file materials, the court of first instance case file materials, the defense lawyer should pay attention to check the trial transcripts of the first trial, to see whether there is a trial court did not examine the evidence for the court of first instance to use as evidence of the case. The reading of the death penalty review process 1, the death penalty review stage, the defense lawyer read the first and second trial judgement, focusing on understanding the facts of the imposition of the death penalty, the crime, the reasons and the applicable law. 2, in the death penalty review stage, there is no legal provisions for defense lawyers can go to the people's court to read the file, did not serve as the first trial, the second trial of the lawyer, can be obtained through the following ways to obtain the case file materials: (a) through their own law firms, to the original trial of the defense lawyer's law firm to borrow the case file materials; (b) strive to through the people's court of first instance to access, excerpts, copying Case file materials; (C) through other legal ways to obtain case file materials. The handling of criminal cases generally requires the consultation of professional and experienced criminal defense lawyers.