What is the process of handling criminal cases?
First, the investigation stage in the process of handling criminal cases
After the criminal suspect is interrogated for the first time by the investigation organ or compulsory measures are taken, and after the criminal suspect or his close relatives go to the law firm to handle the case entrustment procedures, we will provide the following services, including but not limited to:
1, provide legal advice and negotiate with the investigation organ.
Accept legal advice from criminal suspects and their families, and inform them of the conditions, time limit and applicable procedures of compulsory measures and other legal provisions; Inform the criminal suspect that he has the right to write his own confession and have the right to consult and modify the interrogation record of the investigators; Have the right to know the appraisal conclusion of the investigation organ and raise objections to the appraisal; Apply for the right of withdrawal of investigators.
2. Learn about the suspect's alleged crimes and the progress of the case from the investigation organ, and make a detailed analysis of the alleged crimes and sentencing.
3. If the criminal suspect in custody meets the legal circumstances, he shall apply for bail pending trial.
After meeting with the criminal suspect and understanding the relevant circumstances of the case, the lawyer may apply for bail pending trial if he thinks that the detained criminal suspect meets the conditions for bail pending trial.
4. Meet with the criminal suspect to understand the case.
The suspect was detained in the detention center during the investigation stage, and no one was allowed to meet him except lawyers and case handlers, including family members. So at this time, the lawyer's intervention can stabilize the suspect's mood and convey the concern of his family. When a lawyer meets a criminal suspect, he can know the real situation of the case and find the starting point of the case.
5. Meet with criminal suspects to avoid extorting confessions by torture to the maximum extent.
6. Acting as an agent for complaints and accusations.
If a criminal suspect is illegally infringed upon his personal rights or other lawful rights and interests by an investigator, or if he thinks that the investigation organ has improper jurisdiction, a lawyer may lodge a complaint with the relevant department on his behalf.
Two, the prosecution stage of the procuratorate in the process of handling criminal cases.
From the date when the case is transferred to the procuratorate for examination and prosecution, the criminal suspect and his relatives have the right to entrust a defender. After the law firm completes the entrustment procedures, we will provide the following services, including but not limited to:
1. Send a letter and a power of attorney to the procuratorate in the name of a law firm, telling the procuratorate that we will defend the suspect as a defender.
2. Consult, extract and copy the litigation documents and technical appraisal materials of this case.
Lawyers have the right to consult, extract and copy the litigation documents and technical appraisal materials of this case in the people's procuratorate. Litigation documents include filing decision, detention certificate, approval of arrest decision, arrest warrant, search warrant, prosecution opinion and other documents; Technical appraisal materials include forensic appraisal, judicial psychiatric appraisal, material evidence technical appraisal and other appraisal documents.
3. Correspondence and meeting with criminal suspects.
Lawyers can meet the criminal suspect directly and independently, learn the real situation of the case from him, and make a lawyer's interview record.
4. With the consent of witnesses or relevant units and individuals, materials related to this case may be collected from them.
5. Apply to the procuratorate for collecting and obtaining evidence.
6. With the permission of the procuratorate, the victim or his close relatives and the victim's witness agree to collect materials related to the case from them.
7. Apply for bail pending trial.
8. Exchange views with procuratorial organs.
Three, the court trial stage of criminal cases handling process
Since the case was transferred to the court, the defendant and his relatives have the right to entrust a defender. After the law firm completes the entrustment procedures, we will provide the following services, including but not limited to:
(1) First trial stage
1. Send a letter and power of attorney to the court in the name of a law firm, telling the court that we will defend the suspect as a defender.
2, review whether the case belongs to the jurisdiction of our hospital.
3. Consult, extract and copy the criminal facts alleged in this case. The case materials shall include the indictment, the catalogue of evidence, the list of witnesses and the copies or photos of the main evidence. If the above materials are lacking, the lawyer may apply to the people's court to notify the people's procuratorate to supplement them. When consulting case materials, we will mainly focus on:
1 Legal circumstances that may affect the conviction and sentencing of the defendant, including the time, place, subjective purpose, means and consequences of the crime;
The facts and materials of the defendant's innocence, light crime, surrender and meritorious service;
3. Whether the subject and content of the appraisal materials are legal and the basic information of the participants in the proceedings.
4. Disability or loss of the victim;
5 investigation, examination and prosecution procedures are complete;
6. Whether the prosecution of other defendants in the same case affects the nature of this case;
7. Whether the evidence is legal and whether there are contradictions between the evidence;
8. Other materials related to the case.
4. Correspondence and meeting with criminal suspects.
1 the time when the defendant received the indictment;
2 whether the defendant recognizes the charges charged in the indictment;
3. Whether there are any circumstances, facts or clues to be given a lighter, mitigated or exempted punishment;
4 whether there is extended detention;
5 whether it violates personal rights;
6. Introduce the defendant to the court trial process and his litigation rights and obligations during the trial;
7. Inform the defendant of matters needing attention in the trial;
8. Understand the composition of prosecutors in procuratorates and courts, and determine whether there are reasons for withdrawal.
5. With the consent of witnesses or relevant units and individuals, materials related to this case may be collected from them.
6. Apply to the court to collect and obtain evidence.
7. Apply to the court to notify the witness to testify in court.
8. With the permission of the court, the victim or his close relatives or the victim's witness may collect materials related to the case from him.
9. Apply to the court to obtain evidence materials from the procuratorate that need to be presented in court.
10, court defense.
1 The defense lawyer may, with the permission of the presiding judge, ask the defendant questions after interrogation by the public prosecutor and after the victim and his attorney ask the defendant questions. If the defendant does not admit the alleged crime, he shall ask about the circumstances and reasons. If the public prosecutor threatens, induces or has nothing to do with the defendant, the defense lawyer has the right to raise an objection; 2. Ask questions to appraisers and witnesses;
3. Issue cross-examination opinions on the evidence of the prosecution;
4. Debate in court and put forward defense opinions; In view of the accuser's accusation, this paper analyzes and demonstrates whether the facts are clear, whether the evidence is sufficient, whether the applicable law is accurate and whether the procedure is legal, and puts forward opinions and reasons for the conviction and sentencing of the case.
After the judgment of the first instance, during the appeal, the lawyer can meet the defendant, give legal help in time, and ask for opinions on whether to appeal.
(2) The second trial stage
If the party concerned or the procuratorate appeals, he shall act as the second-instance defender of the public prosecution case after the party concerned has gone through the formalities of entrusting the second instance. If the case of the second trial goes to court, our service will be the same as that of the first trial. If the case of second instance is not heard in court, the lawyer may submit written defense opinions to the court and provide new evidence. According to the circumstances of the case, the lawyer may request the court of second instance to hold a hearing.