1. What is the process for lawyers to meet their clients?
The process of lawyers meeting clients at different stages will be different:
(1) investigation stage
The first meeting
1. Three main points of the first meeting: giving spiritual encouragement to the parties, comforting and informing them of their litigation rights, and providing legal advice to understand the case.
Step 2 introduce yourself
3, ask the parties in prison's physical condition, diet and daily life, inform their families, the outside world, to appease the mood of the parties.
Both sides described the facts of the case.
5, according to the statement of the parties, targeted to ask for details; Ask the parties about the frequency, time and main contents of interrogation by the investigation organ.
6. Explain the charges charged by the investigation organ and inform them of their legal rights as criminal suspects (several rights stipulated in the Criminal Procedure Law, confirmation of transcripts, etc.). )
7. Ask the parties what they need to tell their family and friends.
Note: every meeting should be recorded (the content does not need to be detailed, just focus on recording).
(2) Review and prosecution stage
1. Explain the changes and significance of the proceedings, and focus on asking whether the parties admit the accused facts (don't talk about the crime easily).
Ask the reasons why the Prosecutions Opinion is inconsistent with the statements of the parties concerned, and verify the case.
2. Go through the entrustment formalities at the stage of examination and prosecution.
Note: the materials related to the case written by the parties are acceptable, but it is best for the parties to express orally and make their own notes. If there is a retraction, the parties had better write written materials to explain the reasons for the retraction.
Note: Risks (including: whether the evidence is necessary, whether it can be obtained, etc. ) it should be clearly stated when the parties and their relatives ask for proof.
(3) the trial stage
1, ask the parties about the indictment.
2. Inform the client of the ideas, viewpoints and basis of the lawyer's defense (matters needing attention in the trial will be discussed at the last meeting before the trial).
3, guide the parties to confirm the facts of the prosecution, not easily make a promise of "guilty, innocent", in order to obtain favorable conditions in defense and judgment.
Second, what legal provisions should lawyers meet?
According to Article 37 of China's Criminal Procedure Law, defense lawyers can meet and correspond with criminal suspects and defendants in custody. Other defenders, with the permission of the people's courts and people's procuratorates, may also meet and correspond with criminal suspects and defendants in custody.
If a defense lawyer holds a lawyer's practice certificate, a law firm's certificate, a power of attorney or a letter of legal aid to ask for a meeting with the criminal suspect or defendant in custody, the detention center shall arrange the meeting in time, which shall not exceed 48 hours at the latest.
In cases of crimes endangering national security, terrorist activities and particularly serious bribery crimes, defense lawyers should obtain permission from the investigation organ when meeting with the criminal suspect in custody during the investigation. The investigation organ shall notify the detention center of the above situation in advance.
When a defense lawyer meets a criminal suspect or defendant in custody, he can understand the case and provide legal advice. From the date when the case is transferred for examination and prosecution, the relevant evidence may be verified with the criminal suspect or defendant. Defense lawyers are not monitored when meeting with criminal suspects and defendants.
The provisions of the first, third and fourth paragraphs shall apply to the meetings and correspondence between defense lawyers and criminal suspects and defendants who are under surveillance.
According to the provisions of Article 39 of the Criminal Procedure Law, we can know that:
1. The defense lawyer can meet the criminal suspect in the detention center with the requirement of "three certificates". Except for crimes of endangering national security and terrorist activities, lawyers do not need to be approved by the investigation organ when meeting with criminal suspects.
2. Defence lawyers can learn about the case from the investigation organ and the criminal suspect, and have the right to put forward opinions to the investigation organ to safeguard the legitimate rights and interests of the criminal suspect. In the investigation stage, lawyers can also communicate with the investigation organ about the cases they know, thus helping the investigation organ to clarify the investigation direction and punish the crime accurately.
3. The detention center has the obligation to arrange lawyers to meet the criminal suspects in time, and the above time limit is clearly stipulated by legislation, which greatly shortens the time for the detention center to arrange lawyers to meet the criminal suspects.
4. The confidentiality of the way lawyers meet with criminal suspects, no longer accompanied by investigators, is not monitored, which is conducive to full communication and mutual trust between lawyers and criminal suspects, thus better safeguarding the legitimate rights and interests of criminal suspects.
3. How much does it cost to have a meeting with a lawyer?
It costs about 2000 yuan to 3000 yuan to ask a lawyer to meet in criminal cases. The fee for entrusting a lawyer depends on the fees charged by the law firm, such as:
(1) The charging standard for criminal cases is piecework charging at all stages of handling cases.
1. In the investigation stage, the charge for each piece is 2000- 10000 yuan.
2. In the stage of review and prosecution, the charge for each piece is 2000- 10000 yuan.
3, the preliminary stage, each charge 4000-30000 yuan.
4. The above charging standards are not limited.
(2) In cases of second instance, death penalty review, retrial, appeal and criminal private prosecution, the lawyer's service fee shall be charged according to the charging standard in the first instance.
(three) the law firm represents multiple stages of a case, and reduces the fees as appropriate from the second stage.
(4) If the victim files a criminal incidental civil action case, the lawyer's service fee shall be charged according to the charging standard of civil action case.
(5) If a criminal suspect or defendant is involved in several crimes or criminal facts at the same time, he may be punished for several crimes according to the crimes or criminal facts involved.
Whether it is a criminal case or a civil case in China, we must pay attention to the provisions of relevant laws and regulations to safeguard our rights and interests when we encounter things that we can't solve.