Criminal cases involve multiple stages, including investigation stage, prosecution stage and trial stage. At different stages, lawyers have different responsibilities as defenders. So what is the duty of a lawyer as a defender at the trial stage? Please follow Bian Xiao to learn more.
1. Accept entrustment or assignment
A law firm may accept the entrustment of the defendant or his relatives and friends and appoint a lawyer as the defendant's defender. The law firm handles the entrustment formalities with the client. A law firm may accept the court's appointment to provide legal aid and appoint a lawyer to defend the defendant. If the defense is appointed, the court or legal aid center shall issue a letter of defense, and the law firm shall appoint a lawyer and issue an official letter to the court.
2. Review of jurisdiction
After accepting a case, the defense lawyer should pay attention to examining whether the case belongs to the jurisdiction of the court. If it is found that it should be under the jurisdiction of other courts, it shall promptly submit a written request to the court for transfer.
3, consult, extract and copy the case materials
After accepting the entrustment or designation, the defense lawyer shall promptly submit the entrustment or designation procedures to the accepting court. Entrustment procedures include the power of attorney signed by the defendant or his relatives and friends, the official letter of the law firm, and a copy of the lawyer's practice license. The designated procedure includes the designated letter of defense, the official letter of the law firm and the copy of the lawyer's practice license. After completing the formalities, the lawyer can consult, extract and copy all the materials in this case. Lawyers should carefully, carefully and comprehensively consult the case files, and in principle, they should copy all the case files for review. Documentary evidence with clear and single content can be extracted and copied. Irrelevant evidence shall not be copied.
When marking papers, we should focus on the following contents and make copies of relevant materials: (1) What are the relevant evidences of the facts alleged in the indictment, and whether these evidences are sufficient; (two) whether the defendant pleaded guilty, previous statements and excuses and evidence; (3) If the defendant pleads guilty, examine whether his confession conforms to the facts and laws; Review what constitutes a crime, and focus on collecting the basis of whether it constitutes other misdemeanors; Whether there are statutory and discretionary mitigating circumstances such as surrender. (four) if the defendant does not plead guilty, examine whether his defense is reasonable and whether there is evidence to support it; Review whether there are contradictions and loopholes in the accused evidence. It is necessary to collect and analyze the evidence of both the prosecution and the defense. (five) the natural situation of the witness, the expert witness and the producer of the inspection record, and whether they violated legal procedures when testifying; (six) the basic situation of the victim and whether the statement is objective.
When a defense lawyer deems it necessary, he may ask the lawyer in charge of the investigation, examination and prosecution stage to know about the case and ask for relevant materials, and the lawyer in the investigation, examination and prosecution stage shall cooperate with him.
After consulting, copying and extracting the case files, lawyers shall review and analyze them in time, and make a good record of marking. The contents of the marking record include: (1) basic information of the defendant (identity, criminal record, physical condition, family situation, specialty, how to bring the defendant to justice, etc. ); (2) Fees and fines collected; (3) What is the evidence of the accusation, and the part that proves powerful is marked; (4) What is the defendant's defense; (5) What is the defendant's defense basis; (six) whether there are contradictions and loopholes in the evidence system of the prosecution, and whether it is enough to refute the defendant's defense (that is, cross-examination opinions and corresponding analysis); (seven) there are uncertain and discretionary circumstances; (eight) analysis of guilt or innocence, this crime or that crime, felony or misdemeanor; (9) Sentencing prediction; (ten) to formulate a defense plan, whether to apply to the court for investigation, whether to investigate and collect evidence on their own, whether to apply for witnesses to appear in court, and what kind of defense views and opinions are formed.
The defense lawyer shall properly keep the copied files.
4. Meetings and communications
The defense lawyer meets the defendant in custody, usually by two lawyers, one of whom can be a paralegal. You should bring a copy of the indictment, a power of attorney and a letter of introduction from the law firm to see the defendant and the lawyer's practice certificate.
When the defense lawyer meets the defendant, the questions that need to be verified by the defendant should be made into an interview outline in advance. During the meeting, the defendant's statements and excuses should be carefully listened to, and the contradictions and doubts in the facts and evidence materials of the case should be found, verified and clarified. The key points are: (1)
The identity of the defendant and the time when he received the indictment; (2) Whether the defendant admits the charges charged in the indictment; (3) Whether the defendant recognizes the facts alleged in the indictment; (4)
Whether the charges charged in the indictment are aggravated or aggravated; (five) whether the defendant has any relevant defense (innocence or light crime), requiring him to state the reasons for defense; (six) whether there are facts, circumstances and clues to be given a lighter, mitigated or exempted punishment; (7)
Expose whether others have rendered meritorious service in committing crimes; (eight) whether there is extended detention, whether the legitimate rights and interests are damaged.
The defense lawyer shall introduce the trial procedure to the defendant and inform the defendant of his litigation rights, obligations and matters needing attention in the trial.
5, investigation and evidence collection
Defence lawyers can investigate and collect evidence materials to prove the defendant's innocence or light crime according to the actual situation. The defense lawyer investigates and collects evidence from the witness, and if the witness refuses to testify, the lawyer may apply to the court to investigate and collect evidence from him or notify him to testify in court. Lawyers should be cautious when they need to re-investigate the main witnesses who have made transcripts during the investigation stage. Generally, you should apply to the court for investigation first. If the court does not conduct an investigation, the lawyer may apply to the court to inform him to testify in court. If the court does not inform him to testify in court, the lawyer can investigate the witness himself or ask the court to verify the witness after the hearing. According to the needs of the case, the defense lawyer may apply to the court to collect and obtain evidence. Lawyers can apply to participate in the court to collect and investigate evidence.
Before the court session, the lawyer shall copy the evidence materials collected, and make a list of evidence, indicating the name of the evidence, the facts to be proved, the number of pages and the source, in duplicate, and provide it to the court five days before the court session. The original evidence materials shall be submitted to the court when giving evidence in court.
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Prepare to appear in court
When a defense lawyer applies to the court to notify witnesses, expert witnesses and producers of inspection records to testify in court, he shall make a list of the above-mentioned persons, indicating their identity, address and contact information. And explain the facts to be proved, and submit them to the court five days before the court session. For the evidence that needs to be read and presented in court, the defense lawyer shall make a list of evidence, explain the facts that need to be proved, and submit a copy and the list of evidence to the court five days before the court session. The catalogue of evidence shall specify the name, type, facts, sources and pages of evidence.
After receiving the notice of hearing, the defense lawyer shall appear in court on time. If he is unable to appear in court under any of the following circumstances, he shall contact the court in time and apply for an extension of the court session: (1)
The trial date of the notice received conflicts with the trial date of other cases that have been received; (two) found a major evidence clue, need further investigation and evidence collection or apply for a new witness to testify in court; (3)
There are other reasonable reasons for not appearing in court on time.
If the defense lawyer's application for adjournment of the trial is not approved and he is really unable to appear in court, he shall negotiate with the client and properly solve it. If the defense lawyer receives the notice of appearing in court within three days before the court session, he has the right to request the court to change the date of the court session. Before the court session, the defense lawyer should know about the situation of notifying witnesses, expert witnesses and producers of inquests to testify in court. If it is found that there is no notice or the notice is not in place, it should be settled through consultation with the court in time. A defense lawyer should know about the personnel of the public prosecutor and the court, and assist the defendant in determining whether there are reasons for applying for withdrawal or not.
Before the trial, the defense lawyer shall make an outline of the court appearance according to the facts and evidence of the case. The contents of the outline for appearance in court include: (1) the outline for questioning (including questioning the defendant, co-defendant, victim, witness, expert witness, etc.). ); (2) Cross-examination opinions (objections to the three characteristics of the prosecution's evidence); (3) An outline of evidence (according to the list of evidence); (4) defense opinions and defense outlines.
7. Court investigation
Lawyers should abide by the rules and order of the court and obey the instructions of the court when appearing in court. In the case of two or more defendants, if more than one lawyer appears in court, the defense lawyers shall be seated in the order of the defendants listed in the indictment. If the court makes mistakes in checking the age, identity and criminal record of the defendant, which may affect the trial result of the case, the lawyer should carefully record it and clarify it during the court investigation. In the process of court investigation, defense lawyers should listen carefully to the interrogation of the defendant by the public prosecutor and the presiding judge, make corresponding records and adjust the outline of questions at any time. With the permission of the presiding judge, the defense lawyer may ask the defendant questions, and the questions that have been asked and the defendant has clearly answered shall be avoided. If the defendant admits the facts and charges charged in the indictment and has basically truthfully confessed the facts of the crime during the public prosecutor's interrogation, the defender may ask supplementary questions about the situation in favor of the defendant.
The above is the introduction of the lawyer's responsibility as a defender in the trial stage, hoping to provide you with some help. At different stages, lawyers have different responsibilities as defenders. If you still want to know their responsibilities in the investigation stage and the prosecution stage, please call our Haikou lawyer directly.