Why are lawyers in China unwilling to handle criminal cases?
In judicial practice, it is a very strange phenomenon that the second trial of criminal cases is generally not held. For example, the second instance of a civil case in Shanghai is generally presided over by a collegiate bench judge to listen to the opinions of both sides face to face. The second instance of administrative cases is also basically heard in court, and criminal cases involving more important personal freedom are not heard in court. ? Article 187 of the Criminal Procedure Law stipulates that "the people's court of second instance shall form a collegial panel to hear an appeal case. After reading the papers, interrogating the defendant and listening to the opinions of other parties, defenders and agents ad litem, the collegial panel may not hold a hearing if the facts are clear. The people's court of second instance shall hold a hearing on the case protested by the people's procuratorate. " It can be seen that the law stipulates that the second trial is the principle, and the non-trial is the exception. However, in judicial practice, the priority is reversed, and non-trial has become the mainstream, but trial is the exception. ? The failure to hold a trial in the second instance directly infringes on the parties' right of proof, and also raises questions about the black-box operation. Recently, the case of Shanghai Crab Mother was not heard in court, and the defense provided new evidence, but the court refused on the grounds that it was irrelevant to the case and did not even give the opportunity to cross-examine. Lawyer Yan, the former defender, resigned because he felt unable to protect the legitimate rights and interests of the parties. The new defender asked for a court session to express his new opinions, but the court also refused. It can be seen that the judge's discretion is great and there is no limit. As a lawyer, he insists that he will not sit in court and will not relax. ? Lei Ting, a Hainan policeman who attracted worldwide attention, was suspected of illegal detention. He was found guilty at first instance and exempted from criminal punishment. Lei Ting appealed in court. Wang's defense lawyer sought the defense of the second trial lawyer online, but the second trial probably won't be held. How effective can lawyers be? In this regard, Wang said that new evidence should be provided in the second trial to urge the trial. Our lawyer's experience in handling cases, in view of the possibility that the second trial will not be held, has made great efforts in written materials, made a thick appeal analysis, quoted classics, often up to more than ten pages, and made a detailed analysis of facts and laws. Secondly, invest in the media and supervise the trial by public opinion. However, if the judge is lazy, the defense opinion will sink into the sea. ? In order to fundamentally solve the problem that the second trial is not held in court, we must amend the law and stipulate that the second trial must be held in court. Secondly, it is stipulated that the second trial is a legal trial rather than a factual trial, which avoids repeated trials from beginning to end and really plays the role of trial supervision. At present, the court should change the judicial practice of not hearing, implement the original legislative intention of the criminal procedure law, and focus on the second instance, supplemented by not hearing. ?