(1) Copy file
At the stage of examination and prosecution, lawyers, as litigation agents entrusted by victims or their families, can legally participate in litigation. Because the case at this time has been sent to the people's procuratorate for examination and prosecution, lawyers can go to the public prosecution department with lawyer's license and lawyer's procedures to find the case undertaker to exchange the case and copy the case file. According to the Criminal Procedure Law, which came into effect on 20 13, once a case is transferred for review and prosecution, the agent ad litem can copy all the files. At present, the implementation of the Criminal Procedure Law in Shijiazhuang People's Procuratorate is in place, but in some counties, prosecutors still keep case materials locked in cabinets as treasures. Once the lawyer asks for copying, he still prevaricates with excuses such as "I haven't finished reading it" or "I need to discuss with the leader about copying" and "there is no clear decision on how to implement the regulations on copying files at present". In fact, if these people who know the law and break the law are all illegal, after all, the Criminal Procedure Law has clearly stipulated it. What kind of terms are needed? Therefore, because the people's procuratorate does not even enforce the minimum laws, it is actually very difficult for lawyers to respect him. As a lawyer, we must strictly abide by the provisions of the law, and we can completely ignore some unfounded prevarications. If we need to copy files, we must ask for it. Since he said he wanted to ask for instructions, he should fix a time to come back, so that the prosecutor has no excuse and he can't help but make copies. In fact, before the revision of the new criminal procedure law, I copied the case materials from the procuratorate. Mainly because I kept insisting, and finally he couldn't help it. Because before 20 13, the lawyer law of 2008 had clear provisions on copying case materials in the stage of examination and prosecution. Although many procuratorates have been unreasonably shirking the effectiveness of the law against lawyers, it is illegal to refuse to copy the case materials today when the new criminal procedure law has come into effect.
(2) Put forward agency opinions
Therefore, after copying the case materials, lawyers can learn more about the whole investigation process of the public security organs, focusing on whether the evidence materials investigated by the public security organs can prove the criminal facts of the suspects, what evidence the investigation organs need to collect further, what evidence they need to reinforce, and whether there is any omission of suspects. Therefore, after marking, we should carefully make a record of marking, and if it is necessary to continue supplementary investigation, we should submit written opinions to the procuratorate.
(3) writing an incidental civil complaint
If the victim suffers material losses, he may bring a criminal incidental civil action according to law. As a lawyer, we should help the victim write a criminal incidental civil complaint and help the victim calculate the amount of incidental civil compensation. According to the current law, the scope of criminal incidental civil compensation is direct material loss, and the death compensation and mental damage compensation of the deceased are not compensated. However, in view of the widespread use of criminal reconciliation, there are generally many claims for compensation. Most of the compensation has no legal basis, but since it involves criminal reconciliation and mediation, there is no need to delve into whether its claim is based. For example, in a murder case, the amount claimed by the victim's family is several million, and it doesn't matter if it is settled. However, once the settlement cannot be reached, the court can only award the defendant compensation for direct material losses such as funeral expenses, which is generally tens of thousands of yuan. This is also a place that many ordinary people don't understand, because ordinary people now have a little knowledge of the law. They all think that traffic accidents usually cost 400,000 to 500,000 yuan, not to mention directly killing people, and more compensation should be paid. However, this statement is wrong. Because at present, according to the law, except traffic accident compensation, the compensation in other cases is only for direct material losses. In homicide cases, the direct material losses are funeral expenses and transportation expenses.