I, the suspect's family members to ask the lawyer What is the role of (a) the role of lawyers in the investigation stage: 1, the lawyer can meet with the suspect, inform the family's concerns, ease the suspect's anxieties, and give psychological comfort. There are many people are restricted personal freedom at the beginning of the living environment, social status, psychological pressure suddenly changed, 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, lawyers in the investigation stage can according to the case to help suspects to apply for bail pending trial, so that a good solution to the crisis; 7, with the revision of the criminal procedure law, lawyers will also increase the presence of the work of the inquiry, in order to better protect the lawful rights and interests of criminal suspects. (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, so that the court to make appropriate cooperation, 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 death penalty review stage of the defense lawyer's successful defense will be the defendant's last chance of survival. When can the family of a criminal suspect hire a lawyer? A criminal suspect can hire a lawyer to provide legal advice and to represent him/her in a complaint or indictment from the time he/she is first questioned by the investigating authority or when compulsory measures are taken. Once the suspect has been taken coercive measures, he or she can appoint a lawyer to intervene, but of course, as to when the family chooses to appoint a lawyer, this is a choice they make after combining the actual situation. And at different stages, in fact, the criminal lawyer can provide different help, can also be said that the lawyer at different stages of the role is not the same.
Legal Objective:Article 34 of the Criminal Procedure Law of the People's Republic of China*** and the State Criminal suspects shall have the right to appoint a defender from the date of the first interrogation by the investigating authorities or the taking of compulsory measures; during the investigation, only a lawyer can be appointed as a defender. The defendant has the right to appoint a defender at any time. The investigating organ shall inform the criminal suspect of the right to appoint a defender when it first interrogates the criminal suspect or takes coercive measures against the criminal suspect. The people's procuratorate shall, within three days from the date of receipt of the case materials transferred for examination and prosecution, inform the criminal suspect of his right to appoint a defender. The people's court shall, within three days from the date of accepting the case, inform the defendant of his right to appoint a defender. Where a criminal suspect or defendant requests to appoint a defender while in custody, the people's court, the people's procuratorate and the public security organ shall promptly convey his or her request. Where a criminal suspect or defendant is in custody, his guardian or close relative may also appoint a defender on his behalf. After accepting the commission of the suspect or defendant, the defender shall promptly inform the organ handling the case.