Reconnaissance stage:
The reconnaissance stage is the beginning of the case. To put it bluntly, at this stage, the suspect has been arrested, his personal freedom has been restricted, and he may have been put into a detention center.
1. Provide legal advice to criminal suspects.
2. Apply for bail pending trial
3, on behalf of the complaint
Article 34 of the Criminal Procedure Law: A criminal suspect has the right to entrust a defender from the day when he is interrogated for the first time by the investigation organ or takes compulsory measures. During the investigation, only lawyers can be entrusted as defenders. The defendant has the right to entrust a defender at any time.
When interrogating a criminal suspect for the first time or taking compulsory measures against him, the investigation organ shall inform him that he has the right to entrust a defender. The people's procuratorate shall, within three days from the date of receiving the case materials transferred for examination and prosecution, inform the criminal suspect that he has the right to entrust a defender. The people's court shall, within three days from the date of accepting the case, inform the defendant of the right to entrust a defender. If a criminal suspect or defendant requests to entrust a defender while in custody, the people's court, the people's procuratorate and the public security organ shall promptly convey it.
If a criminal suspect or defendant is in custody, his guardian or near relative may also entrust a defender.
After accepting the entrustment of a criminal suspect or defendant, the defender shall promptly inform the case-handling organ.
Review and prosecution stage:
At this stage, lawyers mainly review various legal procedures, such as residence permits and arrest warrants. At the same time, review whether these acts are legal.
According to the lawyer's understanding of the case, make suggestions to the investigation organ in time, such as whether the charges reported by the investigation organ are correct enough, whether there is illegal evidence collection in the process of interrogating the criminal suspect, and whether the investigation organ has not noticed or ignored the major plots and evidence beneficial to the criminal suspect.
Through contact, consultation and discussion with the procuratorial organ, the lawyer persuaded the procuratorial organ to have a clearer impression of the case. For various reasons, the cases handled by the reconnaissance organs are not necessarily legal and conclusive. For various reasons, the procuratorial organ may not make an accurate characterization of the case.
At this time, with the participation of lawyers, lawyers will discuss with the procuratorial organs from the opposite angle, at least not exactly the same angle, which will be conducive to the procuratorial organs' comprehensive, comprehensive and fair review of cases, thus avoiding or reducing the preconceptions of the reconnaissance organs on the reported cases. We can't just focus on the evidence and circumstances that are not conducive to the criminal suspect. At the same time, it will also focus on the evidence and plot that are beneficial to the suspect.
If there are serious problems in the case, the lawyer can make comprehensive suggestions to the procuratorial organ and suggest returning it to the reconnaissance organ for supplementary reconnaissance. This can avoid misjudged cases as much as possible. Once a misjudged case is formed, the first, largest and most direct victim is the criminal suspect.
Trial stage:
At this stage, the lawyer will fully confront the public prosecution agency and launch a full-scale war of words with the public prosecution agency according to all the evidence he has previously mastered in favor of the defendant and the skillful plot-based legal knowledge, and a real court battle will be fully launched.
At this time, the public prosecutor prosecuted the defendant on behalf of the state and will request the court to investigate the criminal responsibility of the defendant according to the facts, evidence and law. Lawyers will argue that the defendant is innocent and the lightest according to the facts and evidence law, and ask the court to fully consider their opinions. Lawyers will rely on their skilled legal knowledge, eloquence and quick thinking to capture every plot that is beneficial to the defendant. And submit it to the court in time. At this time, the defendant will play a very lonely and passive role in court without a lawyer's defense.
In practice, although the court decides in the middle, it often unconsciously stands on the side of the prosecutor, at least in this way. The defendant is in the position of trial at this time. Although the court allows defendants to state freely, most defendants cannot and dare not let go to defend themselves. I am afraid that I will not be able to defend myself in the end, and I will have a bad attitude and be unwilling to accept legal sanctions. Lawyers, on the other hand, have no such worries. He will express his opinion freely in court. If the defendant can't or dare not, the lawyer can defend him. So as to avoid the defendant's fear of bad ending and the adverse effects caused by defending himself.
legal ground
Article 34 of the Criminal Procedure Law
A criminal suspect has the right to entrust a defender from the day when he is interrogated for the first time by the investigation organ or takes compulsory measures; During the investigation, only lawyers can be entrusted as defenders. The defendant has the right to entrust a defender at any time.
When interrogating a criminal suspect for the first time or taking compulsory measures against him, the investigation organ shall inform him that he has the right to entrust a defender. The people's procuratorate shall, within three days from the date of receiving the case materials transferred for examination and prosecution, inform the criminal suspect that he has the right to entrust a defender. The people's court shall, within three days from the date of accepting the case, inform the defendant of the right to entrust a defender. If a criminal suspect or defendant requests to entrust a defender while in custody, the people's court, the people's procuratorate and the public security organ shall promptly convey it.
If a criminal suspect or defendant is in custody, his guardian or near relative may also entrust a defender.
After accepting the entrustment of a criminal suspect or defendant, the defender shall promptly inform the case-handling organ.