1. Generally speaking, how much does it cost for a court to hire a lawyer?
The details of the charge can be discussed by both parties.
1, generally take a one-time charge. For example, after receiving your criminal case, the two sides have agreed to charge 3000 yuan in the first instance. Lawyers are not allowed to make excuses to charge in the middle, nor can they ask you for extra rewards because of your excellent judgment unless you voluntarily give it.
2. There is also a case of risk agency, that is, charging fees according to the judgment. For example, the two sides agreed that you should pay the lawyer 3000 yuan before the judgment and 2000 yuan after winning the case or reaching a satisfactory result, just like paying by installments.
In addition to attorney's fees, you also need to pay related litigation fees. According to Article 6 of the Measures for Payment of Litigation Fees, the litigation fees paid by the parties to the people's court include:
(1) Fees for accepting cases;
(2) application fee;
(3) Transportation expenses, accommodation expenses, living expenses and lost time expenses incurred by witnesses, expert witnesses, translators and adjusters when they appear in court on the date designated by the people's court.
How much legal fees are needed to file a civil lawsuit depends on the subject matter of the lawsuit. Where property is involved, the acceptance fee shall be charged according to the value of the subject matter.
Second, the relevant rights of the defendant
Defense is a basic right of criminal defendants. As a right, criminal defendants can defend themselves and have the right to hire defenders to defend them.
Criminal defense lawyers believe that with the expansion of defenders' participation in criminal proceedings, their role in criminal proceedings has become increasingly prominent. Defenders can not only defend criminal defendants in criminal trials, but also provide legal aid to criminal defendants in the prosecution stage and even in the investigation stage. The continuous expansion of defenders' participation in criminal proceedings was once considered as an important reason for the "milestone" progress in the revision of 1996. The expansion of the scope of defenders' participation in criminal proceedings is of great positive significance for strengthening the role of defenders in criminal proceedings and safeguarding the legitimate rights and interests of criminal defendants.
However, the expansion of defenders' participation in criminal proceedings cannot fully explain the development and changes in criminal defense system since modern times, because besides the expansion of participation, the change of criminal defenders' responsibilities is also an important development that cannot be ignored in the defense system. In the traditional defense theory and practice, the defender's responsibility is to put forward materials and opinions to prove the innocence, lightness or reduction or exemption of criminal responsibility of criminal suspects and defendants according to facts and laws, and to safeguard the legitimate rights and interests of criminal suspects and defendants. According to this explanation, criminal defense is only substantive in nature, that is, it is only a refutation and defense activity aimed at problems related to criminal entities. Whether it is to provide materials to prove innocence, to reduce or exempt criminal suspects and defendants from criminal responsibility, or to put forward opinions, criminal defense is only carried out around the legal issues of criminal entities.
Third, procedural defense.
However, in addition to this substantive criminal defense, there is another criminal defense, that is, procedural criminal defense. Criminal defense lawyers believe that the so-called procedural criminal defense refers to: in criminal defense, on the grounds that the investigation, prosecution and trial activities of the relevant departments are illegal, the opinions that the suspects and defendants are innocent, the crimes are light or should not be investigated for criminal responsibility are put forward, and the proceedings that have not been carried out according to law are required to be supplemented or restarted, and the illegally obtained evidence is excluded.
The general criminal defense procedure is that lawyers provide relevant information to the court, and then the court informs the court of the opening time to conduct criminal defense during the opening time. The defendant can also hire a defender to defend, and put forward relevant materials to prove the defendant's innocence or mitigate the crime or the crime.