Legal analysis
Criminal cases are divided into public prosecution cases and private prosecution cases according to the mode of prosecution. Public prosecution cases are prosecuted by procuratorial organs on behalf of the state, while fraud belongs to criminal public prosecution cases. Many fraud crimes belong to gang crimes, and generally more than three people commit fraud. Fraud is a gang crime, and it is very helpful for criminals to entrust defense lawyers. The role of lawyers in criminal defense is as follows: 1, the role of investigation stage. In the investigation stage, lawyers can meet criminals, understand the specific circumstances of the case, change compulsory measures for the parties and collect evidence. 2, the role in the stage of review and prosecution. The biggest role of lawyers in the stage of examination and prosecution is to consult the case files and prepare for the trial stage. 3. The role in the trial stage. The biggest role of lawyers at this stage is to defend criminal suspects and strive for probation or exemption from criminal punishment. In criminal cases, it is very important to entrust a defense lawyer at any stage of the case. Lawyers have professional legal knowledge and can provide legal advice to the parties and minimize their punishment. Lawyers are familiar with litigation procedures, evidence rules and laws and regulations, write legal documents for the parties, and participate in litigation in person, which can protect the legitimate rights and interests of the parties to the greatest extent. Litigation is a highly practical professional knowledge, among which the rules of litigation procedure and evidence are particularly prominent. Many parties have evidence and reasons and can find the support of laws and regulations, but they still failed to win the case. This is why some lawsuits that should be won and those that should be lost have not been won. Many of them are due to ignorance of the rules of procedure and evidence. In addition, lawyers participate in court investigations and court debates, state their opinions and demands according to law, and get to the point in court debates, so that the legitimate rights and interests of the parties can be effectively safeguarded.
legal ground
Article 38 of the Criminal Procedure Law of People's Republic of China (PRC): Defence lawyers can provide legal aid to criminal suspects during investigation; Acting as an agent for complaints and accusations; Apply for changing compulsory measures; Ask the investigation organ about the crimes and cases suspected by the criminal suspect, and put forward opinions.