What is the role played by lawyers in criminal cases?
Enable you to have a minimum understanding. Lawyers involved in criminal cases can be divided into three stages: investigation stage, prosecution stage, court trial stage. Lawyers in these three stages of the work content, focus, methods, and the role played by different. The following are briefly talked about. First, the role of lawyers during the investigation stage public security organs, the people's procuratorate and other legal organs of the investigation of the first interrogation of the suspect or the date of the mandatory measures, lawyers can accept the suspect or his relatives, or the suspect entrusted by other people, to provide legal advice for the suspect, the suspect was tortured to make confessions, detention, the right to represent Complaints and accusations. If the suspect is detained, he or she may apply for bail pending trial.1. After accepting the commission, the lawyer contacts the investigating authorities, learns from the investigating authorities about the suspect's suspected crimes, and makes a timely and specific request to meet with the suspect.2. When meeting with the suspect, the lawyer may learn from him or her about the circumstances of the case.3. When meeting with the suspect, the lawyer provides him or her with legal counseling, including the following: (1) legal provisions on the conditions, duration and applicable procedures of compulsory measures; (2) legal provisions on the recusal of investigators, prosecutors and judges; (3) the suspect's obligation to answer the investigators' questions in a timely manner, and the right to refuse to answer questions that are not relevant to the case; (4) the suspect's right to request that he/she write his/her own confession, and the right to check, supplement, correct or refuse to answer any questions that are not relevant to the case; and (5) the suspect's right to request that his/her own confession be written, and to have his/her own written record of the questioning made by the investigators. (4) The suspect has the right to request the writing of his own confession, and the right to check, supplement, correct and add explanations to the record of interrogation made by the investigator, as well as the obligation to sign or stamp after recognizing that there is no error in the record; (5) The suspect enjoys the right to be informed of the appraisal conclusions used as evidence by the investigating authorities, and to apply for supplementary appraisal or re-appraisal; (6) The suspect enjoys the right to defense; (7) The suspect enjoys the right to lodge a complaint and the right to be sued; (8) The Criminal Law Relevant provisions of the criminal law on the suspect's suspected crimes; (9) the criminal law on self-surrender, merit and other relevant provisions; (10) the law on the jurisdiction of investigation of criminal cases; 4, for the suspect to apply for bail pending trial lawyers to the investigating authorities to understand the suspect's suspected crimes and meet with the suspect, if you believe that the suspect in custody meets the conditions of bail pending trial, you can apply for bail pending trial for the suspect. (1) the suspect's case meets the requirements of Article 51 of the Criminal Procedure Law; (2) the suspect is suffering from a serious disease; (3) the suspect is pregnant or breastfeeding her own baby; (4) the investigating authorities have exceeded the legal time limit for the suspect's detention and arrest; (5) the lawyer representing a complaint or accusation may apply for a release on bail pending trial for the suspect if the lawyer believes that the detained suspect meets the conditions of the release on bail pending trial after finding out the suspect's suspected offense from the investigating authorities and interviewing the suspect; 5. According to the suspect's crime and the suspect's understanding of the case, the lawyer may accept the suspect's entrustment and represent him or her in filing a complaint to the relevant authorities for rectification if he or she believes that there is a solid basis for such a complaint. Second, in the review and prosecution stage as a defender or litigation agent of criminal cases by the investigating authorities to the people's procuratorate for review and prosecution, the lawyer can accept the suspect himself or his friends and relatives entrusted to act as a defender. 1, the lawyer has the right to inspect, excerpts, and copy of the case of the litigation documents and technical appraisal materials. 2, the defense attorney shall have the right to meet with the suspect, and have the right to communicate with the suspect. 3, the lawyer shall have the right to investigate and collect the relevant materials of the case. Have the right to investigate and collect materials related to the case. 4, the lawyer acts as a defender or litigation agent, have the right to the people's procuratorate in accordance with the provisions of article 139 of the Criminal Procedure Law, the defense and representation of the case. 5, criminal suspects in the stage of examination and prosecution is overdue, the defense lawyer shall have the right to request that the suspect be released in accordance with the law, or change the coercive measures, and the implementation of the release of the suspect on bail pending trial. If the suspect's person has been violated or insulted, the defense counsel shall have the right to file a complaint on behalf of the suspect.6. If the people's procuratorate makes a decision not to prosecute, and the person who is not prosecuted appeals against the decision, the defense counsel may, after the person who is not prosecuted receives the decision letter, file a complaint on behalf of the person with the people's procuratorate.7. If the people's procuratorate makes a decision not to prosecute, and the victim does not appeal against the decision, the lawyer acting for the victim may, within seven days after the victim receives The people's procuratorate may, within seven days after the receipt by the victim of the decision letter, lodge a complaint on his or her behalf with the people's procuratorate at the next higher level. After the complaint has been rejected, the lawyer may represent the victim in the people's court, or may bring the case directly to the people's court without filing a complaint. Third, as a public prosecution case first instance defender people's procuratorate will prosecute the case to the people's court, the lawyer can accept the defendant or his friends and relatives entrusted to act as the defendant's defender. 1, the lawyer accepts the entrusted to examine whether the case belongs to the jurisdiction of the court to which the case is brought. If the court is found to have improper jurisdiction, the lawyer shall have the right to submit in writing to the court a request to withdraw or transfer the case.2. The lawyer shall have the right to inspect, excerpt or copy the case materials in the people's court. When a lawyer consults the case materials, if he or she finds that the procuratorate is missing materials that must be transferred according to law, he or she has the right to apply to the people's court to notify the procuratorate of the additional transfer.3. A lawyer has the right to meet with the defendant, to hear the defendant's statement and defense, to verify the facts of the case and evidentiary materials; to find out whether the defendant has been over-delayed in detention and whether his or her lawful rights and interests have been harmed. He or she shall introduce the court proceedings to the defendant and inform him or her of his or her procedural rights and obligations during the trial and of matters to which he or she should pay attention.4 During the trial stage, the lawyer may investigate and collect evidence and materials relating to the case in accordance with the law and in the light of the actual situation.5 The lawyer shall appear in court in accordance with the law and take part in the court investigations and court debates, in order to safeguard the defendant's lawful rights and interests.6 The lawyer shall have the right to obtain a copy of the verdict after it has been handed down in the first instance. During the appeal period, the lawyer may meet with the defendant to hear his/her opinion on the content of the judgment and whether to appeal, and to give him/her legal assistance. What materials do I need to prepare to hire a lawyer?