1. Can a fraudster get a lawyer?
Just because a fraudster has a lawyer doesn't mean it's ok. If the conviction evidence i
1. Can a fraudster get a lawyer?
Just because a fraudster has a lawyer doesn't mean it's ok. If the conviction evidence is true and sufficient, he will still bear criminal responsibility. If it constitutes a crime of fraud, the sentencing standard is related to the circumstances of the crime.
criminal law
Article 266 Whoever defrauds public or private property in a relatively large amount shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also, or shall only, be fined; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined; If the amount is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or confiscated. Where there are other provisions in this Law, such provisions shall prevail.
2. What rights do defense lawyers have in fraud cases?
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. The entrusted lawyer has the right to consult, extract and copy the litigation documents and files related to this case from the date of case review and prosecution.
7. The entrusted lawyer has the right to consult, extract and copy all materials related to the case from the date when the people's court accepts the case.
8. The entrusted lawyer may, according to the needs of the case, apply to the people's procuratorate or 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.
3. In the fraud case, what behaviors can't the defense lawyer do?
1. Do not help criminal suspects and defendants to conceal, destroy, forge evidence or collude with each other.
2. Do not threaten or induce witnesses to change their testimony or commit perjury.
3 other acts that interfere with the litigation activities of judicial organs.
It can be seen that people suspected of criminal offences cannot escape legal sanctions through defense lawyers, but it is also necessary to hire defense lawyers, because lawyers will strive for lighter criminal punishment for suspects suspected of fraud in combination with the specific circumstances of the case, which can fully protect the legitimate rights and interests of criminal suspects. If it does not constitute a crime, a lawyer can also plead not guilty.