As for whether lawyers should defend them, they also have the right to choose, but for the normal trial of cases, lawyers' defense is also a necessary part of legal procedures.
Of course, the legal provisions are clear, which reflects the spirit of legal concept and the degree of social civilization. Li Yu, the families of the victims and the public, out of sympathy for the deceased, are not difficult to understand?
And its psychological consideration of criminal hatred, is it normal to have resistance in the face of lawyer defense?
Presumably, the defense lawyers who represent them will also form certain psychological pressure because of public opinion. But in any case, the trial of the case should be conducted fairly within the legal framework.
Although the murderer killed a family of three, which was extremely cruel, as a lawyer, as long as his family hired him, the lawyer had to accept the entrustment to defend him.
A murderer killed a family of three. As a lawyer, should I defend him?
I think that a lawyer is a profession, and "defense" in the legal sense is a right. No one can deprive the defendant of his right to defense.
Article 33 of the Criminal Procedure Law of People's Republic of China (PRC) stipulates that criminal suspects and defendants have the right to hire lawyers or defend themselves.
Defend: stand on one side and put forward reasons or facts to defend it; Deny the correctness of the plaintiff's complaint in court.
Criminal defense: refers to the litigation activities in which criminal suspects, defendants and their defenders put forward evidence and reasons in favor of the defendant according to facts and laws, indicating that the defendant is innocent, the crime is light or the punishment should be mitigated or exempted.
It is a heinous crime for a person to commit "intentional homicide" and kill a family of three! Even so, he still enjoys the "right of defense" according to law. He can hire a lawyer to defend him or defend himself. If the defendant cannot defend himself and cannot afford to hire a lawyer, the people's court will also appoint a lawyer to defend him.
The people's court held a hearing, and both the prosecution and the defense made accusations and defenses, and the people's court finally made a trial. The war of words between the prosecution and the defense is also a vivid "legal lesson".
It is not improper for a lawyer to accept the employment and defend the defendant of the crime of intentional homicide according to law! Is due to occupation; And economic income. Besides, the judicial power is in the people's court. And avoid moral "kidnapping"!
Every professional lawyer has probably been asked a question, "Why do you speak for the bad guys?" Different lawyers have different answers to this question. In class, I told nearly 200 young students in a school law school that bad people should only be punished, and it is unfair to impose heavy punishment on a person who has made a small mistake.
Now that I think about it, this answer is not comprehensive. The criminal system of any country needs to establish a professional defense system. Otherwise, in the face of a powerful state machine, criminal suspects have no rights at all, which will inevitably lead to the proliferation of unjust, false and wrong cases. The consequences of the proliferation of unjust, false and misjudged cases are the loss of national authority and the public's doubt about its rationality, and finally the serious destruction of social order.
Generally speaking, what lawyers tirelessly safeguard is not the individual interests of criminal suspects, but the institutional value of the whole society. Without the defense system of professional lawyers in criminal cases, there will be no restriction on public power in the whole process of handling criminal cases, and every citizen may become a victim of this unbalanced system.
A murderer killed a family of three. As a lawyer, should I defend him?
I am also a lawyer, and my answer is: defend him.
I believe many people don't understand. As the suspect killed three people, he will be sentenced to death or suspended death. This is the punishment he should be punished for violating national laws and should not be excused. As a professional lawyer, I will elaborate from the following aspects:
1. In criminal cases, judicial organs must strictly abide by the provisions of the Criminal Procedure Law, in order to regulate and restrict state power and protect citizens' basic human rights and freedoms. Judicial organs shall not arbitrarily deprive citizens of their personal freedom and property.
2, the "Criminal Procedure Law" provisions may be sentenced to death, there must be a lawyer to entrust an agent. In the process of representing cases, lawyers will judge whether the judicial organs abide by the law in the process of undertaking cases, safeguard the legitimate rights and interests of criminal suspects, make them get a fair and just trial, and prevent the occurrence of unjust, false and wrong cases.
To sum up, the entrustment of attorney requires the judicial organs to strictly abide by the provisions of the Criminal Procedure Law in handling cases, so that criminal suspects can get a fair and just trial, prevent the occurrence of unjust, false and wrong cases, and protect the legitimate rights of all citizens from infringement.
Codeword is not easy, agree with opinions, comments and concerns.
Although criminal suspects can hire lawyers to defend them, it is the right of lawyers to accept entrustment. I won't accept it anyway. But if the Justice Bureau appoints me to provide legal aid, I really can't help but take it.
A murderer killed a family of three. As a lawyer, as long as he accepts the entrustment of his client, he must defend him according to facts and laws, which is the basic requirement of lawyer practice.
Before the court sentenced him to death (high probability), he was just a criminal suspect! Lose some rights. But the law gives him the right he deserves, and he still wants to enjoy it! Let him take it orally and accept the punishment of the law!
First, find out his motives. Why is it such a tragedy? Ask him about possible mitigating circumstances. For example, whether there are special reasons and secrets involved. At the same time, I will also ask why I killed innocent people, especially children, without finding the direct party!
Usually through some extreme cases, we will find the sexual characteristics of the whole society. Then I will analyze the case in detail after the case is handled. Publicize it through the news media. Let the people see the ways and consequences of handling such incidents.
This is also a positive contribution that my client and I can make during the defense!
Secondly, I will consider persuading him to think about it after the penalty. So as to make it possible to punish him lightly. For example, after the tragedy, try to make up for the loss of the injured party mentally and materially. Make up for the victim as much as possible! This is the root cause of my persuasion and debate! As for whether he has been given a lighter punishment after fulfilling his promise, that is a matter for the court!
After what happened, there was no turning back. Can only accept and reflect. My starting point is to try my best to strive for spiritual and material things. It is also the original intention of complying with the law!
Third, I will consider organ donation for him in advance. And from the perspective of professionals, let him do the final surplus value for this society! Of course, it is the judge's business how to determine this kind of lighter punishment when sentencing.
Although it is not advocated to encourage condemned prisoners to donate organs now. But not against donation! But if my client still has a conscience, I'm sure he will consider my suggestion carefully. Make the final redemption for yourself!
It is suggested that we should calm down for a few seconds, drink a glass of water and smoke a cigarette before making a decision beyond our control! Could change everything! Learning to control yourself is also a basic skill that everyone should learn and master skillfully! Self-discipline, introspection and self-improvement! Learn, understand and abide by the law!
Why do lawyers defend murderers? Indeed, in many cases, lawyers have to defend murderers who kill many primary school students, such as the criminal who drove into the crowd and ran over many people, knowing that he would be sentenced to death. First, where is the responsibility. The duty of the police is to stop crimes and protect the people. The duty of the procuratorate is to examine crimes and ensure that innocent people are not wronged. The duty of the court is to try crimes and make judgments. The duty of a lawyer is to defend criminals. Although heinous, he still has the right to defense, and lawyers cannot refuse to perform their duties. Second, may there be no injustice in the world. Not all cases have clear facts, and the evidence is true. The unjust cases rehabilitated in recent years show that there are indeed unjust cases, and even some are major ones. The participation of lawyers can prevent unjust, false and wrong cases to a certain extent. The participation of lawyers can really prevent and reduce manslaughter. Third, for the benefit of the defendant. In some cases, although the result cannot be changed, the rights of the defendant should be guaranteed. Sometimes, although the defendant thinks he is guilty, according to the law, he is really innocent. The victim felt guilty, but according to the lawyer's years of experience and legal literacy, he knew that the victim was actually innocent. Fourth, publicize the rule of law. Through the work of lawyers, the public can also understand the law from the perspective of the defendant.
If you are a lawyer, asking such questions shows that you have not fully understood the role of lawyers, especially criminal defense.
Anyone who is investigated for criminal responsibility has the right to defend himself or entrust a lawyer to defend himself, which is a basic principle of modern civilization ruled by law.
Lawyer's defense is only a link in the relationship between prosecution and defense in criminal proceedings. The public prosecution agency accuses the crime on behalf of the state, the lawyer puts forward reasonable questions from the defendant's point of view, and the judge judges in the middle.
The judge should be impartial and listen to the opinions of both sides. Only when the prosecution and the defense give evidence and cross-examine each other and fully listen to their opinions can we better ascertain the facts and apply the law more accurately. In this sense, lawyers' participation in litigation to perform their defense duties can better assist the court in ascertaining the facts and applying the law, and play its role in preventing unjust, false and wrong cases.
Criminal proceedings involve deprivation of personal freedom or even life, so we must be cautious and have strict requirements for evidence. It is necessary to meet the proof standard of certainty with sufficient evidence and excluding all reasonable doubts. If there is only one-sided accusation by the prosecution and there is no corresponding defense, it is difficult to guarantee that it is an irrefutable case.
In addition to ascertaining the facts, sometimes it may be controversial which law should be applied to the same behavior. In the case of controversy, how to correctly understand and apply the law also requires a process of "the more arguments are made, the more clear".
For cases that may be sentenced to death, it is related to human life. We should be more cautious and let the defendants and lawyers fully defend, so as to eliminate all reasonable doubts and make a judgment that can stand the test of history. Therefore, China's laws clearly stipulate that if the defendant and his relatives do not entrust a lawyer in a case that may be sentenced to death, the state will appoint a lawyer to provide legal aid and defend him free of charge.
The defense system is an important part of the rule of law. Since the state has established this system, it has the responsibility to recognize the necessity and rationality of its existence and defend the defendant strictly according to the facts and laws. This is the rule of law and the requirement of the rule of law.
Lawyers are not judges. Lawyers defend suspects or defendants. In essence, they also help the court to find out the facts better, apply the law more accurately, and strive to protect innocent people from being wronged and let guilty people be punished as they deserve. In criminal proceedings, both the prosecution and the defense have the same goal and hope to achieve justice, but their positions and angles are different, which is an indispensable and important part of justice.