No matter at what stage of a criminal case, lawyers can play a role in protecting the legitimate rights and interests of criminal suspects and defendants to the maximum extent. So what can lawyers do for suspects and defendants at the trial stage? Let's take a look at it.
First, what can lawyers do at the trial stage?
At any stage from the prosecution of the case by the procuratorate to the people's court to the end of the court debate, the criminal suspect, his relatives and friends, and his unit may hire a lawyer to provide criminal defense and related legal services. During this period, the lawyer's main services include:
1, meeting with the defendant;
2. Consult, extract and copy the relevant materials and evidence materials of this case,
3, investigation and evidence collection, apply for identification;
4. Cross-examine the prosecution's evidence in court and present evidence to the contrary;
5, apply for new evidence, or re-inspection, identification, notify new witnesses to testify in court;
6. In view of the public prosecutor's opinions on the case, argue with the public prosecutor about the nature, circumstances, facts, evidence and sentencing of the case, and put forward the evidence and opinions of the defendant's innocence, light crime, lighter punishment or mitigated punishment, defend the defendant and safeguard his legal rights;
After the judgment of the first instance, hire a lawyer. The main services are: to examine whether the facts, circumstances and nature identified in the first-instance judgment conform to the facts and legal provisions, and whether the sentencing is appropriate; Those who refuse to accept the judgment of the first instance shall draft an appeal on their behalf, participate in the proceedings of the second instance, appear in court to defend the appellant and safeguard his legal rights.
Second, the court debate procedure of criminal trial
If the collegial panel considers that the facts of the case have been clearly investigated, the presiding judge shall announce the end of the court investigation and start a court debate on the facts, evidence and applicable law of the whole case.
On the basis of court investigation, court debate is an important link for the prosecution and the defense to debate each other on whether the defendant's behavior constitutes a crime, the nature of the crime, the severity of the guilt, whether the evidence is really sufficient, and how to apply the penalty. The debate between the prosecution and the defense will further reveal the case, clarify how to apply the law, and lay the foundation for the correct judgment of the case.
The court debate shall be conducted under the auspices of the presiding judge in the following order:
1, the prosecutor speaks;
2, the victim and his agent ad litem to speak;
3. The defendant defends himself;
4. Defender's defense;
5. Debate between the prosecution and the defense.
At different stages of criminal cases, the rights given to defense lawyers by law are different, so what lawyers can do at this time is also different.