Take intentional homicide as an example. According to normal people's thinking, it is natural to kill people for their lives, but there are many kinds of killings, such as intentional homicide, intentional injury to death, excessive homicide, premeditated murder and so on. From a legal point of view, the law only explains intentional homicide, intentional wounding and intentional wounding to death. If the law is directly enforced in accordance with the provisions of the law, it will inevitably lead to light or heavy sentencing, which will inevitably lead to some cases.
Maybe many people don't quite understand this. Although I am not a law major, if you have read books on law, you must know that some crimes have a punishment range. Take the crime of rape as an example. Theoretically, it is 3~ 10 years, but it may also be sentenced to death. Should the judge sentence him to 3 years, 10 years, or life imprisonment if the law is implemented? Therefore, the judge must decide the punishment according to the motive, process, consequences and whether there is repentance. The lawyer's role is to help the agent win the lawsuit as much as possible according to the objective facts of the crime and the relevant provisions of the law, so as to make things develop in a favorable direction for the parties. The existence of lawyers is mutual.
In addition, cases are divided into public prosecution and civil litigation. If it is a public prosecution, it is usually the procuratorate that files the case. Some cases involved are cases that violate the criminal law. The reason why the procuratorate files a public prosecution is to punish the criminal suspect according to law, and the criminal suspect or his family invites a lawyer. The purpose is to help the suspect get rid of crime or reduce punishment. Take the crime of intentional homicide and intentional injury as examples. The former aims to kill each other. The purpose of the latter is to hurt each other, but because of excessive emotion or excessive hand, it will eventually lead to the death of the other party. If the charge of public prosecution is intentional homicide, the death penalty may be imposed. However, if the lawyer appeals to the judge according to the law and criminal facts, the charge may become intentional injury and death, and eventually it may be life imprisonment or suspended death. This is the significance of the existence of lawyers.
In addition, if it involves civil litigation, it will be more complicated. This case involves the defendant and the plaintiff. Both parties can hire lawyers, and both parties will collect evidence around civil disputes, then rely on relevant laws to defend their clients, and then overturn the evidence or rhetoric provided by the other party according to some actual conditions. Although the legal provisions are clear, many legal provisions will have a range, such as ordinary civil disputes. If the defendant loses the case, it is a foregone conclusion, but if the lawyer understands the law and applies some definitions of the law, it may make the defendant lose less or even no money, and vice versa. It is possible for lawyers to use the definition of legal interval to make the plaintiff get more compensation.