1. What are the risks of criminal defense?
Risks in criminal defense mainly include the following situations:
First, the risks when submitting procedures.
Second, there is a risk of being monitored when lawyers meet.
Third, it is risky for lawyers to provide advice to criminal suspects.
Fourth, it is risky for lawyers to answer questions in meetings.
Fifth, the risks of lawyers in investigation and evidence collection.
Sixth, the risk of lawyers receiving family members.
Seventh, the risk of delivering home letters.
Eighth, the risk of lawyers using files.
Ninth, it is risky for lawyers to verify evidence.
Tenth, the risk of lawyers appearing in court to defend.
Second, what is the strategy of criminal defense?
In view of the accusation made by the public prosecution agency against the defendant, the basic defense methods that criminal defense can choose are: case fact defense, insufficient evidence defense and legal application defense.
(a) to defend the facts of the case
1, actively discuss and prove that the specific behavior of a defendant is different from the facts of the case put forward by the public prosecution agency;
2. Refute the facts of the case put forward by the public prosecution agency, that is, discuss and prove that the public prosecution agency did not fully prove that the defendant committed a criminal act with evidence.
(two) the defense of the facts of the case can be divided into:
1, does not meet the requirements of criminal defense, and the common practice is:
(1) State or prove that the defendant does not have the legal requirements of the criminal subject.
(2) State or prove that the defendant has no criminal intention or criminal purpose subjectively.
(3) state or prove that the defendant objectively did not commit a criminal act.
(4) state or prove that it does not have the criminal purpose and criminal consequences required by some criminal constitutions.
2, blocking the defense of illegal sex.
Generally, there are: the defendant has not reached the age of criminal responsibility, the defendant is incapable of criminal responsibility for other reasons (mental reasons), the defendant has legitimate defense, emergency avoidance or unexpected circumstances.
3. Plot defense
According to the facts of the case, the defense lawyer pointed out that the defendant had the facts and circumstances conducive to a lighter punishment, such as first offense, surrender, meritorious service, confession, victim's fault, crime preparation, attempted crime, crime suspension, subordination in the same crime, and criminal threat.
(3) insufficient defense evidence
1, "orphan certificate" cannot be finalized.
2. Exclude illegal, untrue and irrelevant evidence.
3. Evidence cannot form a chain of evidence and cannot be finalized.
4. The evidence is insufficient to finalize the case.
(1) The prosecution's dialectical evidence conflicts, and the prosecution's evidence cannot be denied, nor can the defense deny the defense's evidence.
(2) The prosecution's evidence cannot exclude reasonable doubt.
(four) the application of the law of defense
It means that the defense lawyer has no objection to the facts put forward by the prosecution, but puts forward different defense opinions from the public prosecution on whether the facts constitute a crime, what kind of crime, the nature of the crime, conviction and sentencing.
1, non-crime defense, according to the principle of legally prescribed punishment for a specified crime, it is proposed that the defendant's behavior does not conform to the specific legal provisions of the charges accused by the public prosecution agency.
2. Defend another crime. According to the principle of a legally prescribed punishment for a crime, it is proposed that the defendant's behavior does not conform to the specific legal provisions of the crime accused by the public prosecution agency, but conforms to the provisions of another crime with less criminal responsibility, and the defendant's behavior is suspected of a crime with less criminal responsibility.
3. Conviction and sentencing defense.
3. How much is the criminal defense fee?
(a) General criminal lawyer services
For criminal cases in which the court of first instance is a grass-roots court and the case is not significant or complicated, the lawyer's fees are as follows:
1, investigation stage: 3,000 yuan/piece
(Note: This lawyer only provides full legal services at all stages of litigation, and does not represent complaints, apply for bail pending trial, or provide interview services alone. )
2. Review and prosecution stage: 3,000 yuan/piece
3. Trial period: 4,000 yuan/piece
4. Appeal stage: 3,000 yuan/piece
(2) Lawyer service fee for major and complicated criminal cases.
The court of first instance is an intermediate people's court or a grass-roots court, but if the case is significant and complicated, it shall be determined through consultation with the client within the following scope:
1, investigation stage: 6000- 15000 yuan/piece.
2. Review and prosecution stage: 6,000 yuan-15,000 yuan/piece.
3. Trial period: 8,000-20,000 yuan/piece
4. Appeal stage: 6,000 yuan-15,000 yuan/piece.
(3) Travel expenses for handling cases in different places
1. Non-collection area: For cases where the case occurred and the trial place of the first instance was within ten jurisdictions of Shenyang (Heping District, Shenhe District, Huanggu District, Dadong District, Tiexi District, Dongling District, Yuhong District, Sujiatun District, Hunnan New District and Shenbei New District), it is not a case in another place, and no travel expenses are charged.
2. Accepted area: For cases where the place where the case occurred and the place where the case was tried in the first instance are outside the ten jurisdictions of Shenyang, the amount of travel expenses shall be determined through consultation with the client according to actual needs.
(4) Charges for criminal cases.
1, providing legal advice to criminal suspects 100-200 yuan/time;
2. Acting for complaints and accusations1000-3,000 yuan/piece;
3, as the defendant's defender or private prosecutor, the victim's agent ad litem:
(1) investigation stage (including application for bail pending trial)1000-3,000 yuan/piece;
(2) review and prosecution stage1000-3,000 yuan/piece;
(3) Trial stage 1500-4000 yuan. If the first trial is conducted and the second trial is conducted, the second trial shall be reduced according to the first-instance standard.
(5) Representing complaints in various litigation cases at a cost of 1 1,000-3,000 yuan/piece.
(6) Fees for major and complicated cases
The time and geographical span of the law firm is huge, and it belongs to major and complicated criminal litigation cases such as group crime. You can negotiate with the entrusting party to determine the specific charging standard within the range of not exceeding 5 times of the benchmark price.
The above is to give you a detailed introduction to the relevant knowledge about criminal defense risks. There are more than ten kinds of criminal defense risks, and criminal defense lawyers will also charge according to relevant standards. If you have any other legal questions, please feel free to consult, and we will have professional lawyers to solve your doubts.