Attorney for criminal case operation process list

One, the lawyer should have the information!

1. to confirm the identity of the visitor and his relationship with the parties to the case

2. according to the facts described by the client, analyze the legal relationship, to confirm whether it is a criminal case

3. the background of the case

4. the basic facts of the case

5. the case is in the stage of the litigation and the case unit, the case handler

6. the client has already been done for the case Situation

8. the purpose of the client entrusted to the lawyer

9. lawyers think should know other information

Second, accept the commission!

1. before the case is formally accepted, the lawyer to the client to answer legal advice

2. get the client's intention to entrust, the lawyer should be as soon as possible to discuss with the charges

3. the lawyer shall not make any commitment to the outcome of the case

4. the same lawyer shall not be two or more than two suspects of the same crime, the defendant defense, shall not be two or more than two suspects of the same crime but suspected of crimes existed in the same case. The same case but the suspects, defendants suspected of crimes related to the defense

5. The same law firm in accepting two or more suspects, defendants of the same crime, respectively assigned different lawyers as a defender, the client must be informed and agreed to (especially in the case of the fight against blackmail)

6. No justifiable reason, shall not refuse to defend or represent. However, the entrusted matters illegal, the client uses the services provided by lawyers to engage in illegal activities, or the client intentionally concealing important facts related to the case, the lawyer has the right to refuse to defend or represent.

7. Lawyers and the client or the client on the defense or representation of serious differences in the program, can not reach agreement, on behalf of the law firm and the client to negotiate the termination of the entrusted relationship. After the dissolution of the entrusted relationship, the lawyer shall promptly inform the case authorities.

Third, the entrusted procedures!

1. The lawyer accepts the commission, should be handled by the law firm for the following formalities:

(1) law firm and the client signed the "entrustment agreement";

(2) the client signed a power of attorney;

(3) law firms to handle the case of the relevant litigation documents.

The above procedures, the law firm shall retain the original or stub for inspection.

Lawyers accept the entrusted for criminal cases, can be in the investigation, prosecution, first instance, second instance, death penalty review, appeal, retrial and other stages of the proceedings by the law firm for entrustment procedures, or a one-time process.

Lawyers accept "black and evil" case entrusted to the law firm and the judicial administrative organs should be reported in a timely manner.

2. Lawyers should start working after the collection of legal fees

3. Designated defense cases, the people's court or legal aid center designated documents for the case acceptance basis, do not have to sign an agreement

4, the investigation stage acceptance of entrustment!

1. Acceptance of the case, the lawyer should be as far as possible to the client to understand the following:

(1) the suspects suspected of the crime

(2) the suspect's personal information and other basic information

(3) the basic situation of the client and his relationship with the suspect (meeting with the detention center may be verified or need to prove the relationship)

(4) the case basic conditions

(5) the client's specific requirements, purpose

(6) whether the case belongs to the endangerment of national security, terrorist activities, special cases (may limit the meeting), note that the current "fight against black and evil" special struggle, the phenomenon of restricting lawyers to meet with the phenomenon is very common

(7) the client and the investigating authorities to communicate with the situation As well as the work they have done

(8) the investigating authorities and the contractor's contact information

(9) whether the suspect is detained and the place of detention

2. investigative stage, the lawyer must formalities:

(1) the client signed the "power of attorney"

(2) "law firm letter"

(3) "lawyers to meet with the detained suspects of special

(4) Lawyer's license

Wood, the examination stage to accept the commission!

1. Review and prosecution stage to accept the commission, the lawyer should know the following information:

(1) whether the investigation stage has hired a lawyer, if the lawyer has hired a lawyer, the lawyer has done the work, whether to continue to participate in litigation activities

(2) the case into the review and prosecution stage of the case, whether it has been returned to the supplemental investigation of the situation

(3) the client and the investigation, review and prosecution authorities. Investigation and prosecution authorities

(4) Contact information of the prosecution authorities and contractors

(5) Whether the suspect is detained and the place of detention, and previous meetings

(6) Other information

2. At the stage of prosecution, the lawyer's necessary formalities:

(1) Power of attorney signed by the client

(2) Letter from the law firm

(3) Letter from the lawyer's office

(4) Letter from the lawyer's office

(5) Letter from the lawyer's office

(6) Letter from the lawyer's office

(7) Letter from the lawyer's office

(8) Letter from the lawyer's office

(9) Letter from the lawyer's office

(3) lawyers to meet with detained suspects special letter of introduction

(4) lawyer's license and copy

six, the trial stage to accept the commission!

1. In the trial stage to accept the commission, the lawyer should know the following information:

(1) the investigation stage, review and prosecution stage whether to hire a lawyer, if a lawyer has been hired, the lawyer has done the work situation, whether to continue to participate in the litigation activities

(2) the case into the trial stage

(3) the client and the investigation, review and prosecution authorities, the trial authorities (4) Contact information of the trial authorities and the contractor

(5) Whether the suspect is in custody and the place of custody, and the circumstances of previous meetings

(6) Other information

2. At the trial stage, the lawyer's necessary formalities:

(1) Power of attorney signed by the client

(2) Letter from the law firm

(3) Special letter of introduction for the lawyer's meeting with the detained suspect

(4) The lawyer's name and address

(5) The name of the suspect

(6) The name of the suspect

(7) The name of the lawyer's office

(9) The lawyer's address

(10) The name of the suspect

(11) The name of the suspect (4) lawyer's license and copy

seven, the general operation of the meeting specification!

1. Lawyers should know the following before meeting with suspects in custody:

(1) in addition to the "three certificates" whether you need other materials

(2) the reception time of the work of the detention center

(3) whether there are special requirements for lawyers to meet with, especially in the new crown outbreak period, whether you need to provide the "three certificates"

(4) lawyer card and copy

seven, the general operation of the norms! "Three certificates" other than materials or protective equipment

(4) whether the meeting belongs to the endangerment of national security, terrorist activities, crimes related to black malignant crimes and other special cases, whether need to be approved

2. For the detention center is not able to arrange for a meeting in a timely manner, lawyers should be timely to the case unit, the prosecutor, the procuratorate, and other relevant departments. And other relevant departments, shall not have a positive conflict with the personnel concerned

3. Determine the time to meet with the detained criminal suspects, defendants, lawyers should be the first time to meet with the situation notify the client, and to find out whether they have to convey greetings, account for the household chores and other special needs of lawyers on behalf of the original irrelevant legal matters

4. Lawyers should at least meet with the following documents:

(1) the client signed a letter of attorney

(2) lawyers to meet with detained suspects of the special letter of introduction

(3) the original lawyer's card (individual detention centers need a copy)

(4) the client and the suspect's relationship with the identity of the (individual detention centers need to be)

(5) meet with templates, transcripts of the paper, the printing desk, stationery and other items

Note: by the new crown outbreak. The epidemic prevention and control policies are frequently adjusted across the country, and different meeting requirements for lawyers in different places, it is recommended that lawyers go to overseas detention centers to meet with the detention center to confirm the policy of meeting, and make reasonable arrangements for travel.

During the new crown epidemic, the general meeting requirements need to be held within 48 hours of the nucleic acid test report, health certificates and action track, personal commitment, and even individual detention center required to wear protective clothing, goggles, gloves, footwear and other protective equipment.

5. Lawyers can operate according to the specific case when meeting, but each meeting must include the following:

(1) convey the greetings of relatives and friends of suspects and defendants

(2) to understand and care about their life in custody

(3) to provide them with the necessary consolation, encouragement

(4) to understand the latest progress of the case they know

(5) to understand the latest progress of the case

(6) to understand the latest progress of the case, and to understand the latest progress of the case they know

(7) to understand the latest progress of the case they know

(8) to understand the latest progress of the case they know

(9) to understand the case they know

(5) To update them on the latest progress of the case, and to anticipate the possible future progress of the case proceedings in accordance with the law and practice

(6) To answer the legal advice given by the criminal suspect or defendant

6. When meeting with the criminal suspect or defendant, the focus should be on finding out the following from him or her:

(1) Basic information such as personal information of the criminal suspect or defendant;

(2) Whether the suspect or defendant committed or participated in the alleged crime;

(3) Whether the suspect or defendant disagrees with the facts and charges investigated by the investigating authorities, and whether he or she disagrees with the indictment or indictment finding that he or she is suspected of or charged with the facts and charges;

(4) The suspect or defendant's plea of innocence or mitigating circumstances;

(5) Whether the suspect or defendant (6) Whether the criminal suspect or defendant has a criminal pattern of criminal preparation, criminal suspension, criminal attempt, etc.

(7) Whether the filing of the case and jurisdiction are in accordance with the provisions of the law;

(8) Whether the legal formalities for the taking of coercive measures are complete and the procedures are lawful;

(9) Whether there is any torture to extort confessions and other illegal evidence, and other violations of personal and procedural rights;

(10) criminal suspects, defendants and their relatives of the property was seized, seized, frozen;

(11) investigating authorities to collect confessions and defense and lawyers to meet with the statement of the consistency of the statement, with or without repetition, and the reasons for the occurrence of repetition;

(12) other need to Understanding of the case-related circumstances.

7. The meeting shall communicate with the suspect, the defendant on the corresponding stage of the defense program, defense opinions

8. Inform the legal significance and consequences of pleading guilty and accepting punishment

9. To make a record of the meeting, it shall be handed over to the signature of the confirmation

10. With the consent of the detention center, the defense lawyer can accept the suspect, the defendant submitted written materials related to the defense, but also to provide the suspect, the defendant with written materials related to the defense. Provide the suspect or defendant with documents and materials related to the defense