1. How do lawyers suspected of fraud defend themselves?
Lawyers need to defend according to criminal facts and legal basis, and the specific defense plan is not legal.
Criminal procedure law
Article 37
The responsibility of a defender is to provide materials and opinions on whether a criminal suspect or defendant is innocent, light or relieved of criminal responsibility according to facts and laws, and to safeguard the litigation rights and other legitimate rights and interests of the criminal suspect or defendant.
Second, what is the basic content of fraud defense?
(1) title.
(2) Preface.
Explain the legal status of defenders. At the same time, briefly explain what the defender did beforehand, such as consulting the case file, understanding the case, meeting or communicating with the defendant in custody, etc. (mostly limited to lawyers). At the end of the preface, the basic views of the defender on this case can be summarized. If you think that the criminal facts accused by the public prosecution agency against the defendant cannot be established, or the conviction is improper, and so on.
(3) defense reasons.
This is the main part of the "defense word", which puts forward the defense reasons from the fact, the law and the defendant's guilty attitude. Specifically, the defense reasons can be put forward from the aspects of analyzing whether the defendant's criminal facts put forward by the public prosecutor can be established; Or use the law to express opinions on conviction and sentencing, and express opinions on the charges raised in the indictment; The attitude of pleading guilty is mainly based on the party's policy of "confessing leniency and resisting strictness", and puts forward the reasons for leniency.
(4) the end.
Summarize the defense reasons, put forward sentencing suggestions to the defendant, specify the name of the defender and indicate the specific date.
3. What rights do defense lawyers suspected of fraud have in the investigation stage?
(a) to the public security organs to understand the criminal suspect accused of the crime and the case, and put forward opinions;
(two) to meet and correspond with the criminal suspect, and to understand the case from the criminal suspect;
(3) Providing legal aid and acting as an agent for complaints and accusations against criminal suspects;
(4) applying for changing the compulsory measures against criminal suspects.
Lawyers need to know the details of fraud cases before they know how to defend them. Every defense opinion put forward by a lawyer has sufficient legal basis. For example, if the current evidence is sufficient to prove fraud, it is impossible for lawyers to plead not guilty easily. In fraud cases, the criminal suspect's right to defense is protected under any circumstances.