The Law on Public Security Administration Punishment, the Law on Administrative Punishment and the Procedures of Public Security Organs for Handling Administrative Cases have no clear and specific provisions, but in the hearing procedure of administrative punishment, the parties have the right to entrust an agent to participate in the hearing procedure, and the scope of the agent certainly includes lawyers. In judicial practice, the public security organs do not prohibit lawyers from intervening in the procedure when handling public security cases, but the evidence materials of cases are basically not allowed to be consulted or copied by lawyers, which limits the role of lawyers in the procedure of handling public security cases to some extent. In practice, lawyers participate in the proceedings of public security cases, which mainly play a role in two aspects: first, they put forward lawyers' opinions on administrative punishment; Two, to participate in the mediation presided over by the public security organs.
First, put forward the lawyer's opinion on administrative punishment
As mentioned above, the public security organs will basically not allow lawyers to consult and copy the evidence materials and related files of public security cases, and lawyers' understanding of the facts of the case basically comes from the introduction of the client, which objectively causes certain difficulties for lawyers to put forward high-quality legal opinions. Based on the fact that the legislative provisions cannot be changed in a short time, the lawyer's pragmatic approach is to know the facts of the case as detailed as possible from the parties, and put forward legal opinions on the nature of the suspected behavior and how to deal with it according to law through the analysis and identification of the information provided by the client for the reference of the case-handling organ. The author also reminds the parties to tell the lawyer the facts and all the facts of the case frankly. Only in this way can lawyers make accurate judgments and put forward targeted lawyer opinions.
In addition to expressing lawyers' opinions on administrative punishment according to law, lawyers should also pay attention to supervising the legality of the handling procedures of public security organs. Once illegal procedures are found, they should be raised in time to avoid infringing on the legitimate rights and interests of customers.
Two, to participate in mediation presided over by the public security organs.
Article 9 of the Law on Public Security Administration Punishment stipulates that public security organs can mediate and handle acts that violate public security administration, such as fighting and damaging other people's property caused by civil disputes, if the circumstances are minor. If the parties reach an agreement through mediation by the public security organ, they will not be punished. Article 152 of the Procedures for Handling Administrative Cases by Public Security Organs further clarifies that the public security organs can mediate minor public security cases caused by civil disputes such as beating others, intentional injury, insult, slander, false accusation and frame-up, intentional damage to property, interference with others' normal life and invasion of privacy: (1) disputes arising from trivial matters among relatives, friends, neighbors, colleagues and school students; (2) The infringing act of the infringer is caused by the prior fault of the infringed; (3) Other mediation methods that are easier to resolve contradictions.
Mediation presided over by public security organs, also known as public security mediation, refers to the activities of persuading, educating, and urging the two sides to exchange views and reach an agreement on minor public security cases such as fighting and damage to other people's property caused by civil disputes under the auspices of public security organs and in accordance with national laws, regulations and rules.
When a party participates in public security mediation, he may entrust an agent to participate. As a legal professional, a lawyer is undoubtedly one of the best candidates for an agent. When a lawyer participates in public security mediation, he should determine the mediation goal according to the client's requirements and various factors of the case, closely focus on the mediation goal in mediation activities, and try his best to win a favorable mediation result for his client by skillfully using professional skills.