Legal subjectivity:
When you encounter a criminal case and want to ask a lawyer to defend it, you will generally negotiate with the lawyer to collect the defense fee first. Of course, there are certain standards for criminal cases, and lawyers can't charge exorbitant prices.
1. What is the charging standard for criminal lawyers?
(1) First trial stage:
① Investigation stage (including self-investigation by procuratorate): 6111-18111 yuan;
② review and prosecution stage: 6,111-31,111 RMB;
③ trial stage: 8,111-51,111 RMB;
④ negotiation fees (complexity of the case, object of civil litigation, etc.) between private prosecution and incidental civil litigation.
⑤ For crimes involving national security, crimes involving black gangs and drugs, and other major and difficult cases, the agency fee shall be charged at twice the above standard.
if it is necessary to travel in different places to handle the case, the entrusting party shall bear the transportation expenses, accommodation expenses and long-distance telephone charges, and these expenses can be reimbursed, or a fixed amount can be negotiated for lump sum use.
(2) The second trial stage
① If the case is not represented in the first trial but only in the second trial, the agency fee will be charged according to the standard of the first trial, and other handling fees will remain unchanged;
② for cases that have represented the first instance, the agency fee is charged at half of the first instance fee, and other handling fees remain unchanged;
③ for the case sent back for retrial after the second trial, the agency fee is charged at half of the second trial fee, and other handling fees remain unchanged.
(3) retrial (appeal) stage
① In the case of retrial (appeal) without representing the first or second trial, the agency fee is charged according to the standard of first trial, and other handling fees remain unchanged.
② for cases that have represented the first or second instance, the agency fee shall be charged at half of the first or second instance fee. Other handling fees remain unchanged.
Second, the work content of criminal lawyers
The purpose of setting up the role of "lawyer" in criminal legal rules is to add the code of lawyer between the state and the individual suspect on such an unbalanced scale of "strong VS weak". The value of lawyers is to prevent powerful police, prosecutors and courts from making a mistake of "powerful and extremely unjust" and "powerful and irreparable". Therefore, lawyers are not "helping the tiger" in handling criminal cases, let alone "helping others to abuse". Lawyers are to ensure that the guilty get a fair trial and the innocent are not subject to criminal investigation, so as to achieve judicial justice and justice.
At the investigation stage, lawyers can provide legal assistance to suspects, provide legal advice, represent complaints and accusations. If a criminal suspect is arrested, the lawyer hired can apply for bail pending trial. The entrusted lawyer has the right to know the alleged charges of the criminal suspect from the investigation organ, to meet the criminal suspect in custody and to know the relevant cases from the criminal suspect.
lawyers act as defenders in the review and prosecution stage and the trial stage, and put forward materials and opinions to prove the innocence, light crime or reduction or exemption of criminal responsibility of criminal suspects and defendants according to facts and laws, so as to safeguard the legitimate rights and interests of criminal suspects and defendants. In the course of criminal proceedings. Lawyers can meet with criminal suspects and defendants, consult case files, investigate and collect evidence, and participate in court investigations and court debates. Defend the defendant in the review stage of death penalty, meet and correspond with the defendant, investigate and collect evidence, and meet with the judge in charge to put forward the defense opinion that the defendant is innocent or guilty or should not approve the death penalty.
III. Intervention stage of criminal lawyers
Lawyers' intervention in criminal cases can be divided into three stages, namely, criminal investigation stage, review and prosecution stage and public prosecution trial stage.
At present, lawyers need to apply to the criminal investigation department for meeting, and the criminal investigation department will arrange the meeting within 48 hours. The investigation department can decide whether to send personnel to be present according to the case, but lawyers involved in criminal cases involving state secrets should be approved by the investigation department at this stage. However, in practice, due to the need of case detection, the investigation department has always been opposed to lawyers' meeting with criminal suspects. The so-called 48-hour time limit is like a piece of waste paper.
lawyers can meet with criminal suspects and defendants at any time during working hours during the examination and prosecution stage and the public prosecution trial stage, and there is no need to apply to the judicial authorities in advance. Legal objectivity:
Article 11 of the Measures for the Administration of Lawyers' Service Charges, lawyers' service charges can be based on different service contents, such as piecework charges, charges in proportion to the amount of the bid, and time charges. Piece rate is generally applicable to legal affairs that do not involve property relations; Charge according to the proportion of the bid amount is applicable to legal affairs involving property relations; Time charge can be applied to all legal affairs. Article 11 When handling civil cases involving property relations, if the client still asks for risk agency after being informed of the government's guidance price, the law firm may charge for risk agency, except for the following circumstances: (1) cases of marriage and inheritance; (2) Requesting social insurance benefits or minimum living security benefits; (3) Requesting to pay alimony, alimony, alimony, pension, relief fund and compensation for work-related injuries; (4) requesting payment of labor remuneration, etc.