Information that lawyers in criminal cases should possess.
1. Whether the facts described by the client belong to criminal cases;
2, the identity of the visitor and the relationship with the parties to the case;
3. Background of the case;
4. Basic facts of the case;
5. The litigation stage and jurisdiction of the case;
6. Whether the visitor can entrust the case to a law firm;
7. The customer's work for this case;
8. Other information that lawyers think should be known.
How do lawyers obtain evidence in criminal defense
In criminal proceedings, lawyers can collect materials related to the case directly or with the consent of the relevant units and individuals, the victims or their close relatives and witnesses provided by the victims, or they can apply to the procuratorate or the court for collecting or notifying witnesses to testify in court.
What problems should lawyers pay attention to in criminal defense?
(1) Read the case materials carefully to find valuable defense points.
The prosecution materials sent to the court by the public security and procuratorial organs are not all impeccable. In practice, I have encountered incorrect numerical calculation methods, incorrect calculation results and contradictory witness testimony. Seriously discovering and using the defects in these litigation materials can effectively affect the court's trial of criminal suspects.
It is not easy to find the flaw, which requires reading a lot of litigation materials patiently and analyzing whether the logic and calculation methods followed in the materials are correct, especially in criminal cases of corruption and bribery, because the number involved directly determines the length of the suspect's sentence.
Accurately using the flaws in public security and supervision work in court can make the defense get twice the result with half the effort.
(two) timely communication with judges and inspectors, timely application for the collection or notarization of favorable evidence.
By reading the case file and communicating with judges and prosecutors, new evidence clues beneficial to the defendant may be found. At this time, lawyers have the responsibility to ask the court or inspectors to collect.
When there are differences between the judge or prosecutor and the lawyer in collecting evidence, and the evidence is really beneficial to the defendant, the lawyer can take the form of notarization and ask the notary to notarize the lawyer's evidence to prevent the risks in obtaining evidence. It must be pointed out that lawyers are not allowed to take evidence without authorization.
(3) Before the trial, design the questions and the order of questions to the defenders and witnesses, and adjust them in time when the trial is held, so as to allow questions to be fully asked.
(4) In the court debate, lawyers should choose the key defense points to make a breakthrough, and should not cover everything without the focus.
In the court debate, lawyers should give full play to one or two key issues, seize the flaws in the public prosecution materials, and especially use the contradictions between witness testimonies to deny the evidence against the defendant.