(a) the role of lawyers in the investigation stage: 1, lawyers can meet with suspects, inform the family's concerns, ease the anxiety of suspects, give psychological comfort. There are many people are restricted personal freedom at the beginning of the living environment, social status, psychological pressure sudden change, many people can not stand, under the poverty, happen some things should not happen. 2, the lawyer meets with the suspect, can for the suspect to explain its suspected crimes and related legal knowledge. Let the suspect have a clear understanding of the predicament faced by the suspect, know what to do and what not to do. 3, the lawyer meets with the suspect can be from the suspect to understand the innocence of the crime or a lesser crime clues, to help do some fixed strong evidence of the work, for the future success of the defense to make preparations. Evidence at any time there is a risk of loss, a moment of carelessness, will probably lead to favorable evidence can never get. 4, the lawyer meets with the suspect can maximize to avoid the occurrence of torture to force confessions. Although, our country's legal environment is getting better and better, but the phenomenon of coerced confessions still occur from time to time, and even happen to be beaten into a trick, beaten to death of the tragedy. If the occurrence of torture to force confessions, a lawyer intervention can be on behalf of the suspect to file a complaint, accusation, and thus effectively reduce the occurrence of such a situation. 5, the lawyer through the meeting with the suspect, can help the suspect to correctly understand their own behavior, easy to fight for the opportunity to make a merit, so as to reduce the punishment. 6, the lawyer in the investigation stage can be based on the case to help the suspect to apply for bail pending trial, so that a good solution to the crisis; 7, with the revision of the criminal procedure law, the lawyer will also increase the presence of the work of the inquiry, in order to better protect the legitimate rights and interests of the suspect. (ii) the role of lawyers in the examination and prosecution stage: 1, meet with criminal suspects, for criminal suspects to provide the above in the investigation stage of the help, such as obtaining bail pending trial, etc.. 2, the lawyer can be more in-depth understanding of the case from the procuratorate review organs, including reading or copying the identification of technical materials involved in the case, prosecution opinion, etc.; 3, the lawyer can understand the case to the procuratorial organs to put forward the suspect's innocence, misdemeanor, and this and that the defense of the crime; If the inspection organs adopt the lawyer's opinion, may result in the case is returned to supplement the investigation or non-prosecution. Non-prosecution is the suspect was acquitted in advance. 4, even if not achieve the above purpose, lawyers in the examination and prosecution stage and the examination and prosecution of the exchange of views on the case, you can understand the public prosecutor's thoughts on the charges, for the successful defense to do more fully prepared. Trial procedures and should pay attention to matters in the trial, if necessary, do some cross-examination exercises, in order to make appropriate cooperation in court, for the best trial effect. 4. Study the case carefully and make full preparation for the trial. On the major difficulties to hire the domestic famous criminal experts to provide authoritative advice to support the defense point of view; if necessary, you can ask the influential media to monitor, appeal, in order to ensure a fair trial; 5, carefully deal with the trial, fully elaborated the defense reasons, to understand the feelings of the reasoning. Do your best to win the judge's recognition of the defense point of view; 6, carefully prepared defense, again in writing to persuade the judge to make a decision in favor of the defendant's side; in a lawful manner, a variety of channels to influence the judge's point of view; 7, receive the judgment of the first instance, meet with the defendant in a timely manner, informed of the merits and demerits of the judgment of the defendant, put forward a reasonable proposal for the above or not; 8, if the defendant asked for an appeal, to help the If the defendant requests an appeal, assist the defendant in the appeal. (D) the role of the defense lawyer in the second trial stage: 1, access to the first trial of the trial information, review the first trial of the defense program and the defense point of view, to reformulate the idea of defense; 2, meet with the defendant, exchange the first trial of the gains and losses and the second trial of the idea of the defense, to understand has not yet been found in the light of the guilt and innocence of the evidence clues to collect strong evidence; 3, and actively communicate with the judge of the second trial of the case, and strive to contribute to the second trial of the trial (second trial of cases usually in writing, to some extent, to help the accused appeal). Cases are usually heard in writing, which to a certain extent deprives the defendant of his or her litigation rights); 4. Prepare carefully and respond positively to the court debates; 5. Prepare the defense speech carefully and influence the judge to change the sentence in various forms; 6. After receiving the judgment of the second trial, meet with the defendant, analyze the advantages and disadvantages of the judgment, and lead the defendant to correctly understand the results of the judgment. If the defendant requests to file a complaint, actively help the defendant to do a good job of filing a complaint. (E) the role of lawyers to represent the complaint: 1, meet with the complainant, access the case file materials, a comprehensive understanding of the facts of the case, for the effective judgment to put forward the idea of the complaint, and to seek the views of the complainant; 2, carefully prepare the complaint materials, submitted to the relevant authorities, within the scope of the legal, and seek to influence the complaint to establish a case. Complaint material is very critical, the complaint is not necessary to hear the proceedings, the probability of filing is very small, the complaint material is unsuccessful, simply can not enter the complaint procedure. 3, into the trial process, the complaint lawyer's work and the first instance defense lawyer's work is similar. Finally, the successful defense of the defense lawyer at the death penalty review stage will be the last chance of the defendant. Is it necessary to have a lawyer in a criminal case? The answer is yes, but the law does not stipulate that it is necessary to hire a lawyer at this time, so the final decision of whether to hire a lawyer is still in the hands of the parties. And if you choose to hire a lawyer, you should find out in advance how to hire a lawyer, so as to provide substantial help for the case.
Legal objective:Criminal defense lawyer's responsibility is to accept the suspect, the defendant or his family entrusted, according to the facts and the law, put forward to prove that the suspect, the defendant is not guilty of the crime, the crime is light, or to reduce, exempt from the criminal responsibility of the material and opinion, safeguard the suspect, the defendant's legitimate rights and interests. China's Criminal Procedure Law, Article 35 of the duties of defense lawyers mainly focus on the substantive aspects of the criminal suspect, the defendant for the defense, that is, only for the relevant criminal entity to refute, defensive activities, whether it is to put forward to prove the innocence of the suspect, the defendant, or mitigation, exemption from criminal responsibility of the material, or to put forward the views of the criminal defense are only around criminal Substantive law. For procedural defense responsibility, China's current criminal procedure law and relevant regulations have not been clear, fully affirmed. The so-called procedural criminal defense refers to: "in the criminal defense on the grounds that the investigation, prosecution and trial activities of the relevant departments of procedural violations, put forward the criminal suspect, the defendant is not guilty, the crime is not serious or should not be held criminally responsible for the opinion, as well as the demand that the proceedings not carried out in accordance with the law should be supplemented or re-conducted, the evidence obtained illegally should be excluded from the procedural aspects of defense methods. method of defense." (13) At present, in China's judicial practice, procedural defense has not been given sufficient attention and is basically an ineffective method of defense. For example, for illegal evidence, limited to illegal verbal evidence (such as confessions obtained by torture), but for illegal verbal evidence defense effect is also very small, for the defendant in the court's confession is made by torture, the people's court often to the investigating authorities to produce evidence (that is, the public security organs write and stamped to confirm that they have no torture in the investigative activities of the behavior of the defendant, to the defendant has no evidence to confirm that the investigating authorities have torture, the people's court has no evidence to confirm that the investigating authorities have torture. Evidence to confirm that the investigative organs have torture to force confessions and find that the verbal evidence is valid. This is as absurd as Zhang San borrowing Li Si's money, while Zhang San himself writing to prove that he did not borrow Li Si's money. Does not include illegal physical evidence, which makes the procedural defense against illegal collection of evidence behavior, almost become meaningless. This should cause the legislative and judicial practice pay great attention to the future revision of the Criminal Procedure Law, should be clearly stipulated in the defense lawyers and other defenders in the criminal proceedings in the procedural defense of the responsibility. In addition to the direct responsibility of defense lawyers to safeguard the lawful rights and interests of criminal suspects and defendants, some scholars believe that defense lawyers also have a general responsibility in criminal proceedings, i.e., the responsibility of defense lawyers to assist in the administration of criminal justice, including preventing and exposing errors in the administration of criminal justice, promoting adherence to the rule of law, assisting in the safeguarding of individual rights and lawful rights and interests, hinting at the root causes of and conditions for the emergence of crimes, and promoting the realization of the educational and penitentiary role of the judiciary, and so on. The responsibility of criminal justice assistance includes preventing and exposing errors in criminal justice, promoting compliance with the rule of law, helping to safeguard individual rights and lawful interests, suggesting the root causes and conditions of crime, and promoting the realization of the judicial function of education and correction. The general duty of defense counsel requires that defense counsel must not impede the proper administration of criminal justice. The key to this question is whether the defense attorney can stand against the suspect, the defendant to take positive action to assist the judicial organs to find the real entity, in accordance with the general responsibility of the defense attorney, it seems to answer in the affirmative. But this is with the defense lawyers to defend the legitimate rights and interests of criminal suspects, the defendant's direct responsibility and the general responsibility to assist the criminal justice, in fact, there is a relationship between the "fish and the bear's paw" can not be combined. Therefore, in view of the position of the suspect or defendant in criminal proceedings, we cannot overemphasize the responsibility of the defence lawyer as a criminal justice facilitator, while ignoring the legitimate rights and interests of the suspect or defendant. Defense lawyers, because of their direct responsibility, must assist the judicial organs to discover the truth only in favor of the suspect, the defendant, but not stand in disadvantage of the suspect, the defendant, the aspect of assisting the judicial organs to discover the truth to find out the truth of the facts. (14) Considering the incomplete provisions of the existing laws of China on the issue of the responsibility of defense lawyers, as well as the incomplete provisions on the issue of the responsibility of defense lawyers in criminal proceedings, as well as the many difficulties and obstacles faced by defense lawyers in criminal proceedings, it is necessary for the legislature to make recommendations on the nature of the general responsibility of defense lawyers, their status and their relationship with the direct responsibility to safeguard the legitimate rights and interests of the suspects and the defendants. The nature and status of the general responsibilities of defense lawyers, and the relationship with the maintenance of the lawful rights and interests of criminal suspects, defendants, and the relationship between the direct responsibility of the lawful rights and interests of criminal suspects, defendants, and so on, to be clearly stipulated, in order to promote the healthy development of China's lawyers. So that the defense lawyers to better fulfill their defense duties, better safeguard the legitimate rights and interests of criminal suspects and defendants.