If the suspect pleads guilty and admits punishment in the stage of examination and prosecution, then the lawyer can also make suggestions on the suspected criminal facts, charges and applicable legal provisions, as well as suggestions on lightening, mitigating or exempting punishment and applicable procedures for case trial. Most importantly, in the case of pleading guilty and admitting punishment, the suspect must sign the confession statement in the presence of the defender or the lawyer on duty. Generally speaking, the lawyer on duty does not know the case, and it is better to hire a defense lawyer himself to safeguard the rights and interests of the parties.
In the stage of examination and prosecution by the procuratorate, the main tasks that lawyers can do mainly include the following:
The first is to consult, extract and copy the relevant materials of the case. In the stage of examination and prosecution, the people's procuratorate shall allow the entrusted defense lawyer to consult, extract and copy the litigation documents and technical appraisal conclusions of this case.
2. Meet or correspond with the criminal suspect to learn more details of the case.
Third, investigate and collect evidence. With the consent of witnesses or other relevant units and individuals, defense lawyers may collect materials related to the case from them, or apply to the people's procuratorate for collecting and obtaining evidence.
4. Put forward opinions to the public prosecution organ on lifting or revoking the criminal suspect's compulsory measures. In the stage of examination and prosecution, if a lawyer finds that the compulsory measures taken by the public security organ or the procuratorate against a criminal suspect have exceeded the statutory time limit, he may put forward opinions on dissolution, revocation or change to the public prosecution organ.
Legal basis:
People's Republic of China (PRC) Civil Procedure Law
Article 121 When conducting a civil lawsuit, the parties shall pay the fees for accepting the case in accordance with the regulations. In addition to paying the case acceptance fee, property cases also pay other litigation fees in accordance with regulations. If it is really difficult for the parties to pay the legal fees, they may apply to the people's court for deferment, reduction or exemption in accordance with regulations. Measures for charging litigation fees shall be formulated separately.