In criminal cases, criminal suspects and defendants may entrust defenders in addition to exercising their right to defense.
In addition to lawyers, people's organizations or personnel recommended by the criminal suspect or defendant's unit, as well as guardians, relatives and friends of the criminal suspect or defendant, can all act as defenders. However, in the investigation stage, only lawyers can act as defenders.
In practice, because criminal suspects and defendants are usually restricted by compulsory measures, the work of entrusting lawyers is generally completed by their guardians or close relatives.
In the investigation stage, prosecution stage and trial stage, lawyers can meet with criminal suspects and defendants. Meeting is the basis for lawyers to carry out defense work, so that they can understand the case, communicate effectively with the case-handling organs, and fight for the rights of criminal suspects and defendants.
It is generally understood that in criminal cases, meeting is just to meet and chat, be caring and attentive, and don't take it seriously. People who have this idea have a wrong understanding of criminal interview.
The first content of criminal interview is to explain the law and reason, and explain the charges to criminal suspects and defendants. The second is to answer questions. For family members, there are many doubts about the facts and charges of the case, not to mention the criminal suspects and defendants whose personal freedom is restricted. They need more answers. The third is the most important and important work, that is, according to the facts of the case learned at the meeting, analyze whether it constitutes a crime, whether it constitutes a crime of filing a case, and whether there is a statutory situation to change compulsory measures. Based on the understanding of the case, we can fully communicate with the case-handling organ and submit written opinions to protect the rights of criminal suspects and defendants.
Among the cases we are defending, there is a particularly touching case recently, so I would like to make a simple exchange with you here.
This is a suspected fraud case, and the suspect was criminally detained for fraud. After accepting the entrustment, we met with the criminal suspect according to law. Through the meeting, we learned the facts of the case: the criminal suspect paid a certain membership fee to an organization, and then according to the regulations of the organization, the criminal suspect can also develop membership. Because of the development of several people, such as his aunt and classmates, he was criminally defrauded.
By understanding the facts of the case, the criminal suspect does not constitute the crime of fraud at all, and whether it even constitutes the crime of organizing and leading pyramid schemes remains to be discussed. To this end, we contacted and communicated with the contractor at the first time and informed us of our opinions. On this basis, we contacted the prosecutor in charge of the arrest and submitted the corresponding legal opinions to the procuratorate. In the end, the suspect was not arrested.
What does this mean? In essence, it also means the importance of meeting. If we don't meet, we can't fully understand the facts of the case, make a more accurate analysis based on the facts of the case, and put forward corresponding opinions rashly. Therefore, criminal interviews are very important.
Some people will say that the situation you mentioned is easy to distinguish whether it constitutes a crime or not, and you will not be convicted if you don't meet. What I want to say is, how can we avoid being biased without the self-defense and lawyer's defense of the party being investigated for criminal responsibility?
There is also a case about illegal fund-raising. The party was criminally filed for the crime of illegally absorbing public deposits, but was changed to the crime of fund-raising fraud when he was arrested. After we met, according to the criminal suspect's statement, we learned that the criminal suspect knew nothing about the company's business model and had no contact with the absorbed funds, let alone the whereabouts of the absorbed items. Considering the subjective aspect of the criminal suspect, it does not have the purpose of illegal possession. After meeting and understanding the basic facts of the case, the legal opinion was submitted according to law, and the procuratorate changed the crime to the crime of illegally absorbing public deposits at the stage of examination and prosecution.
This case can also effectively illustrate the importance of defense lawyers' thinking in defending this crime and that crime on the basis of conforming to and understanding the facts of the case.
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