lawyers need to prepare for personal defense: do a good job of meeting and lay the cornerstone of criminal defense.
When meeting the defendant, we should pay attention to several aspects of the system; Carefully read the papers, comprehensively analyze and grasp the case, and find out the problems; Elaborate the outline of trial defense; In order to improve the resilience of criminal defenders in court, we should also do a good job in pre-court prediction and enhance the defense ability in court.
Before a lawyer defends an individual, he needs to prepare the following matters:
1. Consult, extract and copy the case file materials to prepare for defending the parties;
2. With the consent of witnesses or other relevant units and individuals, you can collect materials related to this case from them, or apply to the people's procuratorate or people's court to collect and obtain evidence, or apply to the people's court to notify witnesses to testify in court;
3. Write a defense.
The preparations for lawyers' defense are as follows:
1. Studying the case files, you need to know that you have a comprehensive grasp of the evidence of the whole case;
2. Study the case file materials and master the evidence content that is unfavorable to the defendant;
3. Study the case file materials and master the evidence content favorable to the defendant;
4. Three key issues should be discussed at the pre-trial meeting, such as the order of court questioning, the order of proof and cross-examination, and the defendant's right to be present;
5. When preparing cross-examination opinions in court, it is necessary to prepare some key evidence for display;
6. Defenders need to pay special attention to the legality of evidence sources when presenting evidence;
7. In the court debate stage, basic arguments need to be summarized and sublimated.
to sum up, defense exists in criminal proceedings, but there is no such term in civil proceedings. Secondly, in criminal proceedings, criminal suspects have the right to defend themselves from beginning to end, that is, to prove their innocence or light crimes. Therefore, it is certainly possible to defend yourself. Thirdly, in criminal proceedings, except for a few individual cases where the defendant is blind, deaf-mute, or a minor and may be sentenced to death, the law allows the criminal suspect or defendant not to hire a defender to defend him. In other words, in the above cases, the parties must have a defender to defend them. If not, the court will appoint a lawyer who undertakes the obligation of legal aid to defend them.
Legal basis:
Article 37 of the Civil Code of the People's Republic of China
Parents, children, spouses, etc., who are legally responsible for the alimony, alimony and maintenance of the ward, shall continue to perform their obligations after being disqualified as guardians by the people's court.