First, when the procuratorate opened the court, did the lawyer appear in court to defend?
When the procuratorate is in court, lawyers will appear in court to defend. The factors that directly affect the judgment mainly include four aspects: whether the facts of the crime are clear, whether the evidence is sufficient, whether the applicable law is accurate, and whether the proceedings are legal. According to the provisions of China's Lawyers Law, defense is generally divided into two categories, namely, innocent defense and guilty defense.
Second, the preparatory work before appearing in court
1. After the case is accepted, the defense lawyer shall contact the criminal court of the people's court in time, show the lawyer's practice certificate and submit the following legal procedures:
(a) the official letter of the law firm;
(2) legal aid power of attorney or official letter.
2. After reading the thesis and meeting the defendant, the defense lawyer shall make the following preparations for appearing in court:
(a) whether to apply for withdrawal;
(2) Whether to apply for a closed trial: If the defendant requests a closed trial of a case involving commercial secrets, the defender shall apply to the people's court for a closed trial;
(three) to sort out the evidence provided by the defendant (including his close relatives) and decide whether to investigate and collect evidence by himself;
(three) whether to apply to the court for investigation and evidence collection;
(four) whether to apply for witnesses, experts, people's police, people with specialized knowledge to appear in court;
(five) whether to apply for the exclusion of illegal evidence;
(six) to determine the defense ideas and viewpoints, and draft the defense plan, including but not limited to the following contents:
1) question outline (including asking the defendant, co-defendant, victim, witness, expert witness, etc. );
2) outline of cross-examination (express cross-examination opinions on the evidence of the prosecution);
3) evidence outline (according to the evidence list);
4) defense opinions and defense outline.
3. When submitting evidence to the people's court, the defense lawyer shall copy the evidence materials collected by investigation, make a list of evidence, and list the name, source, facts to be proved and pages of the evidence in triplicate, and provide it to the people's court five days before the court session or at the pre-trial meeting. The original evidence materials shall be submitted to the court after cross-examination at the court session.
4. After receiving the Notice of Hearing Decision, the defense lawyer shall meet with the defendant again, communicate with the defendant in time the names, evidence, defense ideas and defense viewpoints of the members of the collegiate bench, the clerk and the prosecutor, ask whether it is necessary to apply for withdrawal, and inform the defendant of the trial process and matters needing attention. If the client is a close relative of the defendant, he can also communicate with the client.
When the defense lawyer's defense ideas and viewpoints are inconsistent with those of the defendant and the client, he shall respect the defendant's opinions or terminate the entrustment, and the defendant shall invite others to defend.
When two defense lawyers disagree, they should respect the defendant's opinion when communicating.
5. After receiving the notice of hearing, the defense lawyer shall appear in court on time. If he cannot appear in court under any of the following circumstances, he shall contact the people's court in time and apply for an extension of the hearing:
(a) the discovery of major evidence clues, the need for further investigation and evidence collection or apply for new witnesses to testify in court;
(2) The date of the notice of hearing received conflicts with the date of hearing of other cases already received;
(3) Failing to appear in court on time for other reasonable reasons;
(4) Force majeure as stipulated by law.
6. If the defense lawyer applies for an extension of the hearing, but is really unable to appear in court without approval, he shall negotiate with the client and properly solve it.
7. If the defense lawyer receives the notice of appearing in court within three days before the court session, he has the right to request the people's court to change the date of the court session. If the people's court does not agree to change the date of hearing, the defense lawyer has the right to lodge a complaint or accusation with the people's procuratorate at the same level or at the next higher level.
8. If a defense lawyer applies to the people's court to notify witnesses, expert witnesses and producers of inquests to testify in court, he shall make a list of the above-mentioned persons, indicate their identities, addresses and communication methods, and explain the facts to be proved, and submit it to the people's court five days before the court session.
Usually criminal cases require lawyers to participate in the defense. In these cases, the lawyer's main duty is to collect evidence, so at this time the procuratorate is in court and the lawyer needs to appear in court. After collecting evidence, a lawyer may plead not guilty or reduce the punishment for his lawyer at the trial.