What is the role of golden 37 days in fact defense?

1. What is the function of the 37-day factual defense fund? 1. The right to meet is one of the core rights of criminal suspects. After taking criminal detention measures, criminal suspects often have poor contact with the outside world and fall into a helpless situation. Moreover, due to their ignorance of legal knowledge, they often make statements against themselves and cannot protect their legal rights. In the case handled by the author, one party was accused of theft, but the party himself declared that he did not commit theft at the beginning. One day, the investigator took the client and two other accomplices from the detention center to the public security bureau. In front of the client, they released the other two suspects and told the client: "They all pleaded guilty and went through the formalities of bail pending trial. Your guilty attitude is not good, and I will send you back to the detention center later. " The party concerned was homesick, and in order to go through the formalities of "bail pending trial", he was interrogated in the investigation organ that day and admitted that he had committed theft. Later, the client stated the reasons for his retraction, because there was no evidence and it was not supported by the court. After the first and second trials, the case was convicted of theft and sentenced to three years' imprisonment (actual punishment) because of the huge amount. Afterwards, it was discovered that the reason why the investigation organ took the party out of the detention center that day was because the procuratorate refused to arrest the party on the grounds of "unclear facts and insufficient evidence". Imagine that if the lawyer meets the client during this period, will he "admit" his crime because he is homesick and ignores the facts? Will he be sentenced to three years in prison? In another case, the investigation organ took criminal detention measures against him for intentional injury, but the parties always thought that they did not intentionally hurt him, saying that the victim fell from a height by himself, and only one disadvantaged witness testified that he saw the parties push the victim from a height. After many days in custody, the investigator told him that the victim was only slightly injured and could go out as long as he pleaded guilty and paid the money. Therefore, the parties admitted to pushing the victim from a height in the transcript and apologized to the victim many times. In fact, the victim died on the spot when he committed the crime. Later, the parties involved were convicted of intentional homicide and sentenced to death with a two-year suspension. He is still serving his sentence in prison. During the meeting, the lawyer will focus on understanding the case from the suspect, introducing the legal knowledge of the crimes involved and informing the suspect of his rights according to law. The author believes that among many rights, the most important one is "the right to read the interrogation record carefully, raise objections and make amendments", and we must ensure that our excuses are recorded in the record, and never sign without reading the record carefully, and never think that the meaning is almost the same and will not be amended! Legal problems are thousands of miles away. Many parties complained to the author that what was recorded in the transcript was not their true meaning, and what they said was not recorded in it. However, in the absence of extorting a confession by torture, it is difficult to overturn the contents of the transcript signed by the criminal suspect himself, and its excuse is almost impossible to be adopted by the court. 2. The evidence collection mentioned in the stage of evidence collection and investigation generally refers to evidence such as mental patients who are not at the scene of the crime, have not reached the age of criminal responsibility, and are not criminally responsible according to law. In the case handled by the author, one party was criminally detained on suspicion of intentional homicide. After accepting the entrustment, the author learned that the client was a schizophrenic. Therefore, the author will promptly submit evidence to the investigation organ to prove that the party concerned is sick, so that the investigation organ can know this information in time. After receiving the materials, the investigation organ made a judicial appraisal of the parties and confirmed that the parties had no criminal responsibility at the time of committing the crime. 3. Timely, legal and effective communication with the case-handling organ. At this stage, lawyers, as defenders, can communicate with the case-handling unit in time and put forward legal opinions, which is conducive to the handling of the case and protect the legitimate rights and interests of the parties to the maximum extent. The author once handled a case in which the parties came to the office for consultation and said that they were suspected of traffic accidents and might be detained by the public security organs. After understanding the case, I think the client's situation does not meet the constitution of the crime of causing traffic accidents. I explained the reasons in detail so that he could state it to the public security organ. At the same time, I told him that in case of criminal detention by the public security organs, his wife would come to me for entrustment formalities as soon as possible to facilitate my work. Later, the client was detained in criminal detention. On the day of criminal detention, I called the author and told him that I had arranged for my wife to go through the formalities. Since then, there has been no more. The author believes that this matter has been properly resolved. More than a month later, the client's wife came to our law firm and told me that her husband had been arrested. I was told that it was useless to find a lawyer, so I never did. I don't know what to do with it now. After accepting the entrustment, the author contacted the procuratorate and the public security organ at the first time and submitted an application for bail pending trial. He believed that the party concerned did not constitute a traffic accident crime and suggested that he be released on bail pending trial. The case-handling unit adopted the author's opinion and went through the formalities of bail pending trial. However, after all, the client suffered a prison term of more than 30 days, which could have been completely avoided. At this stage, the defender can know the charges from the case-handling unit; You can review the legality of the jurisdiction of the case and submit a "jurisdictional objection"; Can review whether there is illegal filing, to determine whether to submit the "filing supervision application"; If an investigator illegally obtains evidence, the defender may appeal on his behalf and apply for the exclusion of illegal evidence; Put forward the "application for bail pending trial" and "opinions on not approving arrest". In addition, after the arrest is approved, a "review opinion on the necessity of detention" can be issued. 4. Other laws help other legal help, mainly by participating in and guiding the victims to reach an understanding in time in cases with victims, so as to reach an understanding agreement. Second, 37 days of gold will determine the fate of criminal suspects. Because of state compensation, investigation of misjudged cases and other reasons, once a criminal suspect is arrested, it is difficult to be acquitted, and often he can only pursue a light sentence. Within 37 days, we have at least two opportunities to protect the rights of criminal suspects. The first is to communicate with the investigation organ, strive for bail pending trial or dismiss the case. The second is to ask the investigation and supervision department of the procuratorate not to approve the arrest. As long as the arrest is not approved, the compulsory measures will change, generally speaking, it will be changed to bail pending trial. This will greatly facilitate the handling of cases and safeguard the legitimate rights of criminal suspects. In a case handled by the author, a client set himself on fire in a government building for compensation for demolition. After reporting the case, the public security organs took criminal detention measures against the parties suspected of causing trouble. Because of the special circumstances of this case, no local lawyer is willing to accept the entrustment. After accepting the entrustment, the author met with the client and submitted a legal opinion to the procuratorate suggesting not to arrest. In this opinion, the author believes that whether the behavior of the parties constitutes a crime is debatable. Even if it constitutes a crime, the arrest may not be approved for secondary reasons. Coincidentally, when the author submitted a legal opinion not to approve the arrest and left the procuratorate, it happened that the public security organ applied to the procuratorate for approval of the arrest. The procuratorate examined the facts of the case and made a decision not to approve the arrest. After several days of detention, the parties were released on bail pending trial. The successful handling of bail pending trial laid a good foundation for the handling of this case. After the passage of time, all units can treat this case calmly, which is conducive to winning the result of non-prosecution, exemption from criminal punishment, probation or even innocence for the parties. The reason why it is called the golden 37 days of factual defense is of great significance for defenders to defend their clients. Under normal circumstances, defenders can effectively define the criminal facts of the parties or the trial of the case during this period, so as to make a judgment in favor of the judicial organs. It should be noted that defenders should strictly abide by the relevant laws and regulations to defend.