First, is it useful to hire a lawyer in criminal cases?
According to the law, it is useful to hire a lawyer in criminal cases.
Hiring a lawyer can protect the legitimate rights and interests of the client to the maximum extent. Because of their professional relationship, lawyers can better defend themselves, which is very convenient in investigating evidence, meeting and communicating with criminal suspects and defendants. And can appeal for criminal suspects and other agents and apply for changing compulsory measures. Which is more professional.
Ask a lawyer first, and then you can see the suspect in time, which can reduce the psychological pressure of the suspect, at least calm him down. Let the suspect see hope. I think this is the first and most important role of hiring a defense lawyer. Second, lawyers can apply for bail pending trial if they find that the criminal suspect's crime is minor.
Legal basis:
Article 38 of the Criminal Procedure Law of People's Republic of China (PRC)
The rights of defense lawyers in the investigation stage; Defense lawyers can provide legal aid to criminal suspects during investigation; Acting as an agent for complaints and accusations; Apply for changing compulsory measures; Ask the investigation organ about the crimes and cases suspected by the criminal suspect, and put forward opinions.
Second, the criminal case has reached the procuratorate. Do you need a lawyer?
Some people think that they have entered the stage of examination and prosecution by the procuratorate, indicating that the case investigation has been completed and all the evidence collected has been collected. It is useless to ask a lawyer. Actually, it's not. If the procuratorate believes that the criminal facts of the criminal suspect have been ascertained, the evidence is true and sufficient, and criminal responsibility should be investigated according to law, it will make a decision to prosecute. If there are no criminal facts or evidence in doubt, the procuratorate may make a decision not to prosecute. Explain that at this stage, lawyers have a lot of room to play.
In the stage of examination and prosecution by the procuratorate, the main tasks that lawyers can do mainly include the following:
1, consult, extract and copy the relevant materials of the case.
2. Meet or correspond with the criminal suspect to learn more details of the case.
3. Investigate and collect evidence.
4. Put forward opinions to the public prosecution organ on lifting or revoking the criminal suspect's compulsory measures.
In practice, lawyers can do more than that at the stage of examination and prosecution in the procuratorate. Most importantly, through the above work, lawyers can put forward the defense opinions of the criminal suspect's innocence and light crime to the procuratorial organs according to law. If the procuratorial organ adopts the lawyer's opinion, it is possible to make a decision not to prosecute.
In addition, if the suspect pleads guilty and admits punishment at the stage of examination and prosecution, the lawyer can also make suggestions on the suspected criminal facts, charges and applicable legal provisions, as well as suggestions on lighter, mitigated or exempted punishment and applicable procedures for case trial. Most importantly, in the case of pleading guilty and admitting punishment, the suspect must sign the confession statement in the presence of the defender or the lawyer on duty. Generally speaking, the lawyer on duty does not know the case, and it is better to hire a defense lawyer himself to safeguard the rights and interests of the parties.
Criminal cases are professional, so it is recommended to hire a lawyer as soon as possible. In the stage of examination and prosecution of the procuratorate, lawyers can do far more work than in the stage of investigation. Most importantly, at this stage, lawyers can learn more about the specific circumstances of the case and help the parties to better present their defense opinions.