2. When a lawyer meets a criminal suspect, he can ask him about the case.
3. Lawyers provide legal advice to criminal suspects when they meet them.
4. Apply for bail pending trial for the criminal suspect.
5. Agency accusation: According to the charges suspected by the criminal suspect and the case information learned from the criminal suspect,
First, the measures taken by criminal defense lawyers to prevent the risk of handling cases are as follows
1. Establish awareness of risk prevention, especially awareness of self-protection, and attach importance to lawyer's practice risk and its prevention;
2. Strengthen the awareness of practicing according to law and strictly abide by the practice norms;
3. Strengthen the quality awareness of handling cases, strengthen quality management, and prevent or reduce possible mistakes in handling cases;
4. Overcome carelessness or fluky psychology, and attach great importance to the prevention and control of areas and links prone to practice risks (such as investigation and evidence collection, meeting with defendants, etc.). );
5. Strengthen lawyers' professional awareness, abide by lawyers' professional ethics and practice discipline, and develop good professional ethics and practice habits.
Second, what professional skills do criminal defense lawyers need?
1, professional knowledge. The first is legal knowledge, which is taught by law school, including criminal law, criminal procedure law and other laws, judicial interpretation, administrative regulations and departmental rules. , not only legal provisions, but also jurisprudence. Secondly, the technical knowledge of material evidence, including on-site investigation, material evidence extraction, forensic medicine, trace inspection, document inspection, poisoning and so on. It is also necessary for learning and understanding. The second is basic knowledge, including philosophy, sociology, economics, psychology, logic and so on, which is the content of general education. The third is related knowledge, that is, when the case involves financial, securities, accounting, taxation, business and other professional fields, according to the needs of handling cases, apply what you have learned and apply what you have learned urgently.
2. In terms of professional technology, it mainly includes the following skills: meeting, marking papers, investigation and evidence collection, court questioning, court cross-examination, court debate, etc. At present, lawyers' criminal defense business training mainly focuses on professional and technical training to make up for the shortage of law school teaching. In the long run, it is necessary for law schools to introduce a large number of experienced judges, prosecutors and lawyers as practical professors or teachers to teach and train students' practical skills.
3. In terms of professional ability, four abilities are emphasized: one is legal thinking ability, including presumption of innocence thinking and critical thinking. Criminal defense lawyers should comprehensively examine and question the charges, facts and evidence accused by the prosecution with a rational and prudent attitude. The second is the ability of legal interpretation, that is, the ability to understand and apply legal provisions. Skillfully use the methods of literal interpretation, systematic interpretation, legislator's purpose interpretation, historical interpretation, comparative interpretation, etc. to make a legal interpretation in favor of the defendant. The third is the ability of evidence analysis, that is, the ability to determine the facts of a case from evidence reasoning. In particular, we should be good at extracting and recovering the evidence information that is ignored and hidden by the defendant and reconstructing and correcting the facts of the case. The fourth is the ability to demonstrate and persuade, including the ability to demonstrate, refute and use logic, as well as the ability to communicate and persuade. By weakening the prosecution's argument and finding the logical fallacy in the prosecution's argument, we can effectively refute and convince the referee to accept the defense's point of view.
Third, how to find a criminal defense lawyer
1, go to a regular law firm. General law firms will introduce you to professional criminal defense lawyers, and then fully communicate with lawyers and decide to hire lawyers you think are suitable.
2. Search through the Internet. The situation on the network is complicated, but the operation is simple and the information is rich. We should learn more from the experience of lawyers and handle cases, and make some comparisons. It is best not to find a "tiger balm" lawyer. It is unrealistic for a lawyer to master any law.
You can find a lawyer through a famous case. Many defendants with backgrounds will entrust senior criminal defense lawyers to defend, the cases will be widely reported, and the names of lawyers will be easier to find. Senior criminal barristers are expensive, which is even more unbearable for ordinary people.
Legal basis:
Criminal procedure law
The duties of defense lawyers as stipulated in Article 35 mainly focus on defending criminal suspects and defendants from the substantive aspects, that is, only debating and defending criminal entities, whether presenting materials to prove the innocence of criminal suspects and defendants, reducing or exempting them from criminal responsibility, or giving opinions, criminal defense is only conducted around the laws of criminal entities.
The Supreme People's Court's Interpretation on Several Issues Concerning the Implementation of the Criminal Procedure Law of People's Republic of China (PRC)
Article 43 If a defense lawyer applies for collecting materials related to this case from the victim, his close relatives and witnesses provided by the victim, the people's court shall grant it and issue a written investigation permit if it deems it necessary.
Article 44 Where a defense lawyer collects and collects materials related to this case from a witness or other relevant units or individuals, and the witness, relevant units or individuals do not agree, he applies to the people's court for collection and collection. If the people's court deems it necessary, it shall agree.
Article 45 A defense lawyer shall directly apply to the people's court to collect and obtain evidence. If the people's court considers it inappropriate or impossible for a defense lawyer to collect or obtain evidence from witnesses or other relevant units or individuals, and it is really necessary, it shall agree.