Whether to entrust a lawyer in a public prosecution case is up to the parties themselves, but a criminal suspect or defendant who is required by law to entrust a defender must entrust a lawyer or apply for legal aid.
Public prosecution refers to the litigation activities in which the procuratorial organ decides to file a public prosecution with the people's court, appear in court to support the public prosecution, review the criminal judgment or decide not to prosecute the case that the investigation organ (investigation organ) has ended (investigation ended) and transferred it for examination and prosecution. After reviewing the criminal case concluded by investigation, the People's Procuratorate of our country confirms that the defendant's criminal facts are clear, the evidence is conclusive and sufficient, and he should be investigated for criminal responsibility according to law, that is, the procurator-general or prosecutor shall bring a public prosecution to the people's court on behalf of the country according to the jurisdiction of trial.
How long does it usually take for a public prosecution case to be pronounced?
It takes about four months from public prosecution to judgment, and the criminal facts of the suspect have been ascertained. Criminal facts are the basis for correctly convicting and punishing criminal suspects. Only by finding out the facts of the crime can we be convicted and sentenced correctly.
Therefore, the people's procuratorate should first find out the criminal facts of the criminal suspect when prosecuting. Conditions for instituting public prosecution:
(1) The criminal facts of the criminal suspect have been ascertained. In any of the following circumstances, it can be considered that the facts of the crime have been ascertained: for a single crime, the facts related to conviction and sentencing have been ascertained; In the case of combined punishment for several crimes, some crimes have been identified and meet the conditions for prosecution, and other crimes cannot be identified, which should be prosecuted as crimes that have been identified; Unable to find out the whereabouts of the tools and stolen goods, but there is other evidence enough to convict and sentence the defendant; The main plots of witness testimony, criminal suspect's confession and defense, and victim's statement are the same, and only a few plots are inconsistent, which does not affect conviction.
(2) The evidence is true and sufficient.
(3) criminal responsibility shall be investigated according to law. According to the law, a criminal suspect does not need to bear criminal responsibility for committing a certain criminal act. According to the relevant provisions of the Criminal Law and the Criminal Procedure Law, some criminal acts are not legally investigated for criminal responsibility. Therefore, when deciding to prosecute a criminal suspect, we must also rule out the situation that the law has not investigated his criminal responsibility.
The fees for lawyers to defend criminal cases are generally as follows:
(1) The charging standard for criminal cases is piecework charging at all stages of handling cases.
1. In the investigation stage, the charge for each piece is 2000- 10000 yuan.
2. In the stage of review and prosecution, the charge for each piece is 2000- 10000 yuan.
3, the preliminary stage, each charge 4000-30000 yuan.
4. The above charging standards are not limited.
(2) In cases of second instance, death penalty review, retrial, appeal and criminal private prosecution, the lawyer's service fee shall be charged according to the charging standard in the first instance.
(three) the law firm represents multiple stages of a case, and reduces the fees as appropriate from the second stage.
(4) If the victim files a criminal incidental civil action case, the lawyer's service fee shall be charged according to the charging standard of civil action case.
(5) If a criminal suspect or defendant is involved in several crimes or several criminal facts at the same time, they can be prosecuted separately according to the crimes or criminal facts involved.
Legal basis:
Criminal Procedure Law of the People's Republic of China
Article 35, paragraphs 1, 2 and 4:
If a criminal suspect or defendant fails to entrust a defender due to financial difficulties or other reasons, he or his close relatives may apply to a legal aid institution.
To meet the conditions of legal aid, legal aid institutions shall appoint lawyers to defend them.
If a criminal suspect or defendant may be sentenced to life imprisonment or death without entrusting a defender, the people's court, the people's procuratorate and the public security organ shall notify the legal aid institution to appoint a lawyer to defend him.
Article 169 All cases requiring public prosecution shall be examined and decided by the People's Procuratorate.
Article 176 If a people's procuratorate considers that the criminal facts of a criminal suspect have been ascertained and the evidence is true and sufficient, and criminal responsibility should be investigated according to law, it shall make a decision on prosecution, institute a public prosecution in a people's court in accordance with the provisions on trial jurisdiction, and transfer the case files and evidence to the people's court. If the criminal suspect pleads guilty and admits punishment, the people's procuratorate shall put forward sentencing suggestions on the main punishment, additional punishment and whether to apply probation. And collect confessions, confession statements and other materials with the case.