Lawyers play a very important role in criminal cases, so it is very necessary to hire professional criminal defense lawyers to help criminal suspects or defendants.
1. In the investigation stage, lawyers can meet with criminal suspects to relieve their anxiety and give them psychological comfort. Explain the accused charges and relevant legal knowledge to the criminal suspect, so that the criminal suspect can know whether he constitutes a crime or the possible consequences; Minimize the occurrence of extorting confessions by torture; It can also help criminal suspects to apply for bail pending trial according to the case.
2, review the order of prosecution, you can learn more about the relevant case to the procuratorate review organ, including consulting or copying all the files involved, and put forward the defense opinions of the criminal suspect's innocence, light crime and this crime and that crime to the procuratorate.
3. At the trial stage, the lawyer can meet the defendant to learn and collect evidence clues of misdemeanor or innocence; You can meet with the presiding judge, read and copy the file materials accusing the defendant of being guilty; Seriously study the case, fully argue in court, etc.
The rights of defense lawyers in criminal defense;
1. Providing legal advice to criminal suspects, representing complaints and accusations,
2. Apply for bail pending trial for the arrested criminal suspect.
3. If the entrusted matter is illegal, the client uses the services provided by the lawyer to engage in illegal activities, or the client deliberately conceals important facts related to the case, the lawyer has the right to refuse to defend.
4. Since the criminal suspect is interrogated by the investigation organ for the first time or compulsory measures are taken, the entrusted lawyer has the right to meet the criminal suspect and defendant with the lawyer's practice certificate, the certificate of law firm, the power of attorney or the official letter of legal aid to learn about the relevant case.
5. Lawyers meet with criminal suspects and defendants without being monitored.
6, since the date of the case review and prosecution, have the right to consult, extract and copy the litigation documents and files related to this case.
7. Since the people's court accepts the case, it has the right to consult, extract and copy all materials related to the case.
8, according to the needs of the case, you can apply to the people's procuratorate, the people's court to collect and obtain evidence or apply to the people's court to notify witnesses to testify in court.
9. A lawyer may, on the strength of his lawyer's practice certificate and law firm's certificate, investigate the situation related to undertaking legal affairs to the relevant units or individuals on his own.
10. If a lawyer acts as a defender, his right to defense is guaranteed according to law.
To sum up, lawyers can defend every case, and lawyers play a decisive role in a case. As long as there is evidence, they can also plead not guilty. Therefore, lawyers can use professional knowledge to help, but only if there is a legitimate reason will the court accept it.
Legal basis:
Article 37 of the Criminal Procedure Law of People's Republic of China (PRC)
The responsibility of the defender The responsibility of the defender is to provide materials and opinions on whether the criminal suspect or defendant is innocent or light, or to reduce or exempt his 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.