Legal analysis
The role of lawyers in the investigation stage of a case: when a criminal suspect is detained in a detention center, his relatives are generally not allowed to meet, but lawyers can go through the formalities to meet directly, convey information from both sides within the scope allowed by lawyers, provide legal advice, and apply for bail pending trial. At the same time, supervise the investigation organs to exercise their functions and powers according to law and report illegal acts that are unfavorable to criminal suspects to the competent authorities in a timely manner. If the case-handling organ is found to have extorted confessions by torture and corporal punishment in disguised form. The role of lawyers in the stage of examination and prosecution. After the investigation, the investigation organ will transfer the case file to the procuratorial organ for examination and prosecution. At this time, lawyers can apply for marking papers, understand the specific case, what evidence the judicial organs have, and formulate defense strategies in time. If you don't hire a lawyer, the relatives of the suspect can't see this. The role of lawyers in the trial stage is the most critical stage. Lawyers implement defense strategies according to the case, argue with the public prosecution, and try to persuade the judge to adopt his own defense opinions, so that the trial will develop in the direction of benefiting the criminal suspect and strive for innocence or lighter punishment for the criminal suspect. Many people think that it is difficult for lawyers to play a role in criminal cases, mainly because most people have too little contact and have no clear understanding of the whole defense process of lawyers, which will lead to such emotions. In fact, as long as we can clearly understand the role of lawyers, don't make unrealistic demands, talk about needs when entrusting, listen to lawyers' opinions more, and don't make self-righteous claims, so as to ensure a fair and just result.
legal ground
Article 38 of the Criminal Procedure Law of People's Republic of China (PRC): Defence lawyers can provide legal aid to criminal suspects during investigation; Acting as an agent for complaints and accusations; Apply for changing compulsory measures; Ask the investigation organ about the crimes and cases suspected by the criminal suspect, and put forward opinions.