1. After accepting the entrustment, the lawyer got in touch with the investigation organ, asked the investigation organ about the alleged charges of the criminal suspect, and put forward specific requirements for meeting the criminal suspect in time.
2. When a lawyer meets a criminal suspect, he can ask him about the case.
3, the lawyer met with the suspect to provide legal advice, including the following contents:
(1) Legal provisions on the conditions, duration and applicable procedures of compulsory measures;
(two) the legal provisions for the withdrawal of investigators, prosecutors and judges;
(3) The criminal suspect has the obligation to answer the investigators' questions in time and has the right to refuse to answer questions irrelevant to the case;
(4) A criminal suspect has the right to request to write his own confession, the right to check, supplement, correct and supplement the interrogation record made by investigators, and the obligation to sign or seal the record after admitting that it is correct;
(5) The criminal suspect has the right to request the investigation organ to inform him of the expert conclusion used as evidence, and to apply for supplementary expert evaluation or re-expert evaluation;
(6) The right of defense enjoyed by the criminal suspect;
(7) The right of appeal and accusation enjoyed by criminal suspects;
(8) the relevant provisions of the criminal law on the suspected charges of criminal suspects;
(9) relevant provisions of the criminal law on surrender and meritorious service;
(10) Legal provisions on investigation jurisdiction of criminal cases;
4. Apply for bail pending trial for the criminal suspect.
Lawyers can apply for bail pending trial if they believe that the detained criminal suspect meets the conditions of bail pending trial after learning about the charges charged by the criminal suspect from the investigation organ and meeting with the criminal suspect;
(1) The circumstances involved by the criminal suspect comply with Article 5 1 of the Criminal Procedure Law;
(2) The criminal suspect is seriously ill;
(3) The criminal suspect is pregnant or breastfeeding his own baby;
(4) The detention or arrest measures taken by the investigation organ against the criminal suspect exceed the statutory time limit;
5. Acting as an agent for complaints and allegations
According to the charges charged by the criminal suspect and the case information of the criminal suspect, the lawyer may accept the entrustment of the criminal suspect and lodge a complaint with the relevant authorities on his behalf, demanding correction. After a criminal case is transferred from the investigation organ to the people's procuratorate for examination and prosecution, a lawyer may accept the entrustment of the criminal suspect himself or his relatives and friends as a defender.
1. Lawyers have the right to consult, extract and copy the litigation documents and technical appraisal materials of this case.
2. The defense lawyer has the right to meet the criminal suspect and to correspond with the criminal suspect.
3. Lawyers have the right to investigate and collect relevant materials of this case.
4. Lawyers, as defenders and agents ad litem, have the right to put forward opinions to the people's procuratorate on the defense and agency of this case according to Article 139 of the Criminal Procedure Law.
5. In the stage of examination and prosecution, if the criminal suspect is detained for an extended period of time, the defense lawyer has the right to demand the release or change the compulsory measures according to law, and obtain bail pending trial. If a criminal suspect suffers personal injury or personal humiliation, the defense lawyer has the right to lodge a complaint on behalf of the criminal suspect.
6. If the people's procuratorate makes a decision not to prosecute and the person who is not prosecuted refuses to accept it, after the person who is not prosecuted receives the decision, the defense lawyer may lodge a complaint with the people's procuratorate on his behalf.
7. If the victim refuses to accept the decision made by the people's procuratorate not to prosecute, the attorney may appeal to the people's procuratorate at the next higher level within seven days after the victim receives the decision. After the complaint is rejected, you can bring a lawsuit to the people's court on your behalf, or you can bring a lawsuit directly to the people's court without appeal. After the people's procuratorate brings a lawsuit to the people's court, the defendant or his relatives and friends may entrust a lawyer to act as the defendant's defender.
1. After accepting the entrustment, the lawyer shall examine whether the case belongs to the jurisdiction of the court accepting the case. If we find that our jurisdiction is improper, we have the right to make a written request to our court to withdraw the lawsuit or transfer it.
2 lawyers have the right to consult, extract and copy the case materials of the people's court. When consulting the case materials, lawyers have the right to apply to the people's court to inform the procuratorial organs to supplement the transfer if they find that there are no materials that the procuratorial organs must transfer according to law.
3. Lawyers have the right to meet the defendant, listen to the defendant's statements and excuses, and verify the case and evidence materials; Understand whether the defendant has been detained for an extended period of time and whether his legitimate rights and interests have been damaged. Introduce the court trial procedure to the defendant, and inform the defendant of his litigation rights, obligations and precautions during the trial.
At the trial stage, lawyers can investigate and collect evidence related to the case according to the actual situation.
5. Lawyers appear in court according to law, participate in court investigations and court debates, and safeguard the legitimate rights and interests of defendants.
6. After the judgment of first instance, the lawyer has the right to obtain the judgment. During the appeal, the lawyer can meet the defendant, listen to his opinions on the content of the judgment and whether to appeal, and give legal help. 1. After accepting the entrustment, at the request of the defendant, the defense lawyer may assist or write the appeal on his behalf.
2. The defense lawyers in the second instance can read the papers, meet the defendants and investigate and collect evidence (the same as in the first instance).
3. Put forward defense opinions to the people's court according to law, and safeguard the legitimate rights and interests of the defendant. 1. A lawyer may be entrusted by the legal representative of the victim in a public prosecution case, a close relative of the deceased victim, a person with no capacity or a person with limited capacity to act as his agent ad litem.
2. After accepting the entrustment, the lawyer shall provide legal advice and other legal help to the client.
3. The lawyer asked the people's court whether the case was tried in public before the court session. If the case involves the privacy of the victim, it may request the people's court to hear it in private.
4. The lawyer informs the victim of the right to apply for the withdrawal of the members of the collegial panel, the clerk, the public prosecutor and the expert witness, and assists the victim in exercising this right.
5. During the trial, the lawyer shall guide and represent the client to exercise litigation rights according to law.
6. During the court hearing, the attorney and the prosecutor cooperated with each other, exercised their appeal function according to law, and debated with the defendant and his defender. If the opinions of agency are inconsistent with those of public prosecution, the opinions of agency shall be expressed independently from the perspective of safeguarding the legitimate rights and interests of the victims.
7. If the victim and his legal representative refuse to accept the judgment of first instance, the attorney may, within five days after receiving the judgment, assist or represent the client and request the people's procuratorate to protest. (1) Acting as an agent ad litem of a private prosecutor
A private prosecutor and his legal representative may entrust a lawyer as an agent ad litem.
1. Attorney helps the private prosecutor to analyze the case, determine the defendant and the competent court, investigate and understand the relevant facts and evidence, and write a criminal complaint on his behalf.
2. If the private prosecutor demands civil compensation at the same time, the attorney can assist him to file a criminal incidental civil complaint, stating the damage caused by the defendant's criminal behavior, the specific compensation request and the calculation basis.
3. If the people's court decides not to initiate private prosecution, the lawyer may apply to the people's court for reconsideration on behalf of the private prosecutor.
4. Lawyers shall participate in the trial according to law and help the private prosecutor to exercise his right of appeal.
(two) as a defender of the defendant in a private prosecution case.
Lawyers can accept the entrustment of defendants in private prosecution cases as defenders. A lawyer may be entrusted by the victim of a public prosecution case, the private prosecutor of a private prosecution case and his legal representative to act as an agent ad litem in incidental civil proceedings in the first and second instance proceedings.
A lawyer may accept the entrustment of the defendant in an incidental civil action and his legal representative. In the procedure of first and second instance, the purpose of setting up the role of "lawyer" as litigation agent in criminal legal rules is to add the code name of lawyer between the state and the individual criminal suspect on such an unbalanced scale of "strong versus weak". The value of lawyers lies in preventing powerful police, prosecutors and courts from making mistakes of "too strong to be fair" and "too strong to be redeemed". Therefore, in handling criminal cases, lawyers are not "aiding and abetting", let alone "aiding and abetting". The lawyer is to ensure that the guilty get a fair trial, and the innocent are not subject to criminal investigation, so as to realize justice and justice.
In the investigation stage, lawyers can provide legal aid to criminal suspects, provide legal advice, and represent complaints and accusations. If the suspect is arrested, the lawyer hired can apply for bail pending trial. The entrusted lawyer has the right to know the charges charged by the criminal suspect from the investigation organ, to meet the criminal suspect in custody and to know the relevant information from the criminal suspect.
In the stage of examination, prosecution and trial, lawyers, as defenders, put forward materials and opinions to prove the innocence of criminal suspects and defendants or to lighten, reduce or exempt their criminal responsibilities according to facts and laws, and safeguard the legitimate rights and interests of criminal suspects and defendants. In the course of criminal proceedings. Lawyers can meet criminal suspects and defendants, consult case files, investigate and collect evidence, and participate in court investigations and court debates. Defend the defendant in the review stage of the death penalty, meet and correspond with the defendant, investigate and collect evidence, meet with the judge in charge, and put forward the defense opinion that the defendant is innocent or guilty or should not approve the death penalty.