You can also refer to the "lawyers for criminal cases norms"
Chapter V as the first instance of the public prosecution of the defense
Section 1 receipt of the case
Article 63 of the law firms can accept the defendant, or his friends and relatives entrusted to appoint lawyers to act as a defender of the defendant. Law firms and the entrusted person for entrustment procedures, with reference to the provisions of article 13 of these norms.
Article 64 law firms can accept the people's court designation, assigned lawyers for the defendant's defense, law firms and the client for entrustment procedures with reference to the provisions of article 13 of these norms.
Section 2 review of jurisdiction
Article 65 of the lawyer accepts the entrustment, shall pay attention to examine whether the case belongs to the jurisdiction of the court. If it is found that the court has improper jurisdiction, or that the investigating authorities have improper jurisdiction, the lawyer shall promptly submit in writing to the court a request to withdraw or transfer the case.
Section 3: Inspection, excerpting and copying of case materials
Section 71: Matters to which a lawyer should pay attention in reading the case file shall be referred to the relevant provisions of Chapter IV, Section 2 of these norms.
Section 4: Meeting with the accused
Article 72: A lawyer meeting with an accused person in custody shall bring with him a copy of the indictment from the people's procuratorate, a letter of authorization, a special certificate from the law firm for meeting with the accused, and a lawyer's practicing certificate.
Article 73 of the lawyer meets with the defendant, shall prepare an outline of the meeting. During the meeting, they shall listen carefully to the defendant's statement and defense, discover, verify and clarify the contradictions and doubts in the facts of the case and in the evidentiary materials, focusing on the following:
(1) the defendant's identity and the time of his receipt of the indictment;
(2) whether or not the defendant admits to the crimes alleged in the indictment;
(3) whether or not the facts, circumstances, and motives for the charges, purpose are clear and accurate;
(iv) whether the aggravating circumstances charged in the indictment exist;
(v) the defendant's reasons regarding the plea of innocence;
(vi) whether there are any mitigating, mitigating, or exempting facts, circumstances, and clues;
(vii) whether there is any meritorious performance;
(viii) whether there is prolonged detention and whether lawful rights and interests have been harmed, etc.
Article 74 of the lawyers shall introduce the defendant to the court proceedings, and inform the defendant of his procedural rights and obligations during the trial, as well as the matters to which he should pay attention.
Article 75 of the lawyers to meet with the defendant other matters, see the relevant provisions of chapter 3, section 3 of these norms.
Section 5: investigation and collection of evidence
Article 76: during the trial stage, the lawyer may, according to the actual situation of the law, investigation and collection of evidence and materials related to the case.
Article 77 of the lawyer to the witness to investigate and collect evidence, the witness does not agree to testify, the lawyer may apply to the people's court to notify the witness to testify.
Article 78 of the lawyer in accordance with the needs of the case may apply to the people's court to collect and retrieve evidence. The people's court to collect and retrieve evidence, lawyers can participate.
Article 79 before the hearing, the lawyer shall collect the evidence material for copying, the original will be submitted to the court when the evidence.
Article 80 of the specific methods of investigation and collection of evidence, see chapter 4, section 4 of the relevant provisions.
Section 6 preparation for court
Article 81 lawyers apply to the people's court to notify the witnesses, expert witnesses, investigation and examination of the transcript producer to testify in court, shall produce a list of the above persons, indicating their identity, address, address, and so on, and the facts to be proved, and submit it to the people's court prior to the hearing.
Article 82 of the lawyer to be read out in court, the evidence presented, shall produce a catalog and explain the facts to be proved, before the hearing submitted to the people's court.
Article 83 lawyers shall appear in court on time after receiving the notice of hearing, due to one of the following circumstances can not appear in court, shall promptly contact the court, apply for a postponement of the hearing:
(a) lawyers receive more than two notices of hearing, can only be on time to participate in one of them;
(b) before the trial, the lawyer found significant evidence clues, need to further investigation and evidence collection or application for new Witnesses to testify in court;
(3) by objective reasons, the lawyer can not appear on time.
Article 84 of the lawyer applies for a postponement of the trial, was not approved, and really can not appear in court, shall consult with the client, and properly resolved.
Article 85 of the lawyer only received within three days before the hearing notice, the right to request the court to change the date of the hearing.
Article 86 of the court before the lawyer shall be notified of the witnesses, experts, investigation and examination of the record producer to testify. If you find that there is no notification or failure to notify the situation, you should promptly consult with the court to resolve.
Article 87 of the lawyer shall understand the public prosecutor, the court composed of personnel, to assist the defendant to determine whether there is an application for disqualification and whether to submit an application for disqualification.
Section VII court investigation
Article 88 lawyers shall abide by the court rules and court order, follow the court's instructions.
Article 89 Where more than one lawyer appears in a case involving more than two defendants, the defense lawyers shall be seated in the order in which the defendants are charged.
Article 90 After the presiding judge declares the defendant's procedural rights, the lawyer may accept the defendant's commission, the panel members, the clerk, the public prosecutor, the appraiser and the interpreter on behalf of the application for disqualification, and to provide relevant evidence.
ninety-one of the court check the defendant's age, identity, have no previous convictions, etc., may affect the outcome of the case, the lawyer shall be carefully recorded, in the court investigation to clarify.
Article 92 In the course of the court investigation, the lawyer shall listen carefully to the interrogation of the defendant, questioning, and be prepared to ask questions.
Article 93 A defense lawyer may, with the permission of the presiding judge, question the defendant after interrogation by the public prosecutor and questioning of the defendant by the victim and his or her attorney. If the accused does not recognize the alleged crime, he or she shall be asked about the circumstances and reasons.
Article 94 If the public prosecutor raises coercive, inducing or irrelevant questions to the defendant, the defense counsel shall have the right to raise objections. If the court rejects the objection, it shall respect the court's decision.
Article 95 If the public prosecutor raises objection to the questioning of the counsel, the counsel may argue. If the court supports the public prosecutor's objection, the lawyer shall respect the court's decision and change the content or manner of questioning.
Article 96 With regard to the witnesses of the prosecution who appear in court, attention shall be paid to cross-examining them from the following aspects:
(1) the relationship between the witnesses and the facts of the case;
(2) the relationship between the witnesses and the defendant or the victim;
(3) the relationship between the testimonies and the other evidences;
(4) the contents of the testimonies and their source;
(5) ) the circumstances, conditions and mental state of the witness at the time he perceived the facts of the case;
(vi) the witness's powers of perception, memory and expression;
(vii) whether the witness's testimony was interfered with or influenced by the outside world;
(viii) the age of the witness and whether he is physically or mentally defective;
(ix) whether the testimony is contradictory.
Defense counsel should combine the above aspects, the credibility of the witness's testimony in a timely manner to express their views and reasons, and if there are objections, they should be debated with the prosecution.
The defense counsel shall have the right to suggest to the court that the witnesses other than those on the witness list proposed by the prosecution should not be admitted or to request the court to adjourn the trial.
Article 97 The expert and the conclusion of the appraisal appearing before the court shall be examined from the following aspects:
(1) the relationship between the expert and the case;
(2) the relationship between the expert and the defendant and the victim;
(3) the qualifications of the appraisal;
(4) whether the appraisal is subject to outside interference or influence;
(v) the basis and materials of the appraisal;
(vi) the equipment and methods of the appraisal;
(vii) the relationship of the appraisal conclusions to other evidence;
(viii) whether the appraisal conclusions have a scientific basis.
Defense counsel shall synthesize the above aspects, the credibility of the appraisal conclusions in a timely manner to express an opinion and clarify the reasons, and if there is any disagreement, should be debated with the prosecution.
Article 98 On the physical evidence presented by the prosecution, attention shall be paid to the following aspects of cross-examination:
(1) the authenticity of the physical evidence;
(2) the connection between the physical evidence and the case;
(3) the connection between the physical evidence and other evidence;
(4) the issues to be proved by the physical evidence;
(5) the legality or otherwise of the procedures for obtaining the physical evidence.
Defense counsel should synthesize the above aspects, make timely comments on the credibility of the physical evidence and clarify the reasons, and if there is any disagreement, he or she should start a debate with the prosecution.
The defense counsel shall have the right to recommend to the court that the physical evidence produced by the prosecution outside the catalog of evidence not be admitted or to request the court to adjourn the trial.
Article 99: The documentary evidence produced by the prosecution shall be examined from the following aspects:
(1) the source of the documentary evidence and whether it is the original;
(2) the authenticity of the documentary evidence;
(3) the connection between the documentary evidence and the case;
(4) the connection between the documentary evidence and the other evidences;
(5) the contents of the documentary evidence and the issues it seeks to prove;
(6) the content of the documentary evidence and the issues it seeks to prove;
(7) the content of the documentary evidence; and prove;
(vi) the legality of the procedure for obtaining the documentary evidence.
Defense counsel should combine the above aspects, the credibility of the documentary evidence in a timely manner to express their views and reasons, and if there are objections, should be debated with the prosecution.
Defense counsel shall have the right to recommend to the court that the documentary evidence produced by the prosecution outside the catalog of evidence not be admitted or to request an adjournment of the trial.
Article 100 The written testimony of a witness who has not appeared in court read out by the prosecution shall be examined with attention to the following aspects:
(1) the reasons why the witness is unable to appear in court to testify and the impact on the case;
(2) whether the form and source of the witness's testimony are lawful, and whether the content is complete and accurate;
(3) the relevant aspects stipulated in Article 95 of this Code.
Defense counsel shall consolidate the above aspects, make timely comments on the credibility of the testimony of the witnesses who have not appeared in court and clarify the reasons, and if there is any objection, he or she shall start a debate with the prosecution. If necessary, the right to suggest that the court does not believe or request the court to adjourn the hearing, notify the witness to appear in court to testify.
When the prosecution reads out the testimony of witnesses other than the catalog of evidence, the defense counsel has the right to suggest to the court that the testimony be inadmissible or request the court to adjourn the trial and notify the witnesses to appear in court to testify.
Article 101 On the appraisal conclusion read out by the prosecution, attention shall be paid to the following aspects of cross-examination:
(1) the reasons why the appraiser is unable to appear in the court and the impact on the case;
(2) whether the form and source of the appraisal conclusion are lawful, and whether the content is complete and accurate;
(3) the other relevant aspects stipulated in Article 97 of these norms.
Defense counsel shall consolidate the above aspects, make timely comments on the credibility of the appraisal conclusions and clarify the reasons for them, and if there is any disagreement, he or she shall start a debate with the prosecution. If necessary, the defense attorney has the right to suggest that the court does not accept or request the court to adjourn the hearing, notify the appraiser to appear in court to accept the evidence, can also apply to the people's court for additional appraisal or re-appraisal.
The prosecution read out the evidence outside the catalog of findings, the defense counsel has the right to suggest that the court shall not be admitted or request the court to adjourn the trial, and notify the expert to be examined in court, or may apply to the people's court for additional appraisal or re-appraisal.
Article 102 The audio-visual materials provided and played by the prosecution shall be examined in the following aspects:
(1) the formation of the audio-visual materials and the time, place and surroundings;
(2) whether the procedures for collecting the audio-visual materials were lawful;
(3) the equipment used to play the audio-visual materials;
(4) the content and the issues to be proved by the audio-visual materials;
(5) the content of the audio-visual materials and the issues to be proved;
Article 6 of the Law of the People's Republic of China. issue to be proved;
(v) whether the audio-visual material was forged or altered;
(vi) the connection with other evidence.
Defense counsel in the audio-visual material after the broadcast, through the above aspects of the cross-examination of the material is found to be untrue, or its content is not the defendant voluntarily, etc., should put forward inadmissible suggestions and reasons, the prosecution and defense can debate on this issue, the defense attorney has the right to request the court to investigate and verify.
The prosecution provides audio-visual materials other than those in the catalog of evidence, the defense counsel shall have the right to suggest to the court that they be inadmissible or to request an adjournment of the trial.
Article 103 After the prosecution has finished presenting its evidence, the defense counsel shall apply to the court to present its own evidence.
Article 104 When a defense counsel adduces evidence, he shall explain to the court the form, content and source of the evidence as well as the issues to be proved, paying special attention to the following:
(1) the legality of the source of the physical evidence, documentary evidence and audio-visual materials;
(2) the legality of the procedures for obtaining witness testimonies, defendant's statements and appraisal conclusions;
(3) the The authenticity of the content of the evidence;
(iv) The connection between the evidence and the case and between the evidence.
On this side of the evidence, the prosecution raised objections, the defense counsel should be targeted to argue to maintain the credibility of the evidence of the side.
Article 105 In the course of court investigation activities, the defense counsel may request the people's court to retrieve from the people's procuratorate the evidence and materials collected by the people's procuratorate that can prove the innocence or misdemeanor of the defendant.
Article 106 In the course of court proceedings, a defense counsel shall have the right to apply for notification of new witnesses to appear in court, for the retrieval of new material and documentary evidence, and for reappraisal or examination.
Article 107 After the presentation and examination of evidence on each fact of the case is completed, the defense counsel may issue a comprehensive opinion.
Article 108: If the investigation activities of the court do not conform to the provisions of the law or are not conducive to the ascertainment of the facts of the case, the defense counsel may make suggestions or objections in accordance with the law.
Section 8: Court Debate
Article 109: At the stage of the court debate, the defense counsel shall listen carefully to the accusing party, record the main points, and prepare for the debate.
Article 110 After the prosecution delivers its accusation, the defense counsel shall, with the permission of the presiding judge, deliver his defense opinion.
Article 111 The defense shall analyze and argue the accusations made by the prosecution in terms of whether or not the facts are clear, whether or not the evidence is solid and sufficient, whether or not the applicable law is accurate and whether or not the proceedings are lawful, and shall give opinions and reasons for the conviction and sentence.
Article 112 The defense of innocence for the defendant shall be conducted mainly from the following aspects:
(1) The evidence alleged by the prosecution is insufficient and the defendant cannot be found guilty;
(2) The evidence provided by the prosecution or the defense can prove that the defendant should be found not guilty in accordance with the law under the following circumstances;
1. The circumstances of the defendant's conduct are The circumstances of the defendant's behavior are so minor and harmful that it is not considered a crime;
2. The defendant's behavior is lawful;
3. The defendant did not commit the crime charged by the prosecution.
(3) Other cases in which the defendant is found not guilty according to law.
Article 113 The defense of guilt for the defendant shall focus on the characterization of the case and the mitigation, reduction or exemption of punishment for the defendant.
Article 114 A lawyer's defense shall be centered on issues related to the conviction and sentence, grasp the main points, focus on the main points, and not dwell on side issues.
Article 115: The evidence and laws cited by a lawyer in his or her defense must be clear and accurate, and checked for accuracy.
Article 116 of the lawyer's defense speech should be clear, well-founded, strong arguments, rigorous logic, accurate wording, simple language.
Article 117 A lawyer's defense shall state his or her opinions and views to the court with a view to having them adopted, and shall not take the audience as the object of his or her speech and make a spectacle of himself or herself.
Article 118: A lawyer's defense shall be reasoned, respecting the court and the other party, and shall not be sarcastic, sarcastic, abusive or derisive.
Article 119: A lawyer shall avoid repetition, focus on the prosecution's new problems and new points of view, and put forward new defense opinions in a timely manner.
Article 120 In the course of the court's debate and the defendant's final statement, a lawyer may apply for the resumption of the court's investigation if he or she finds that there are new or omitted facts or evidence that need to be checked.
Article 121 In the course of the court proceedings, if the defendant proposes to refuse or change his lawyer in court, he shall be released from the entrusted relationship with him according to law.
In the course of the court hearing the lawyer refuses to defend the legal reasons, may request an adjournment, with reference to the provisions of Article 16 of this Code to discharge the entrustment procedures.
Article 122 in the court hearing process found that the trial procedure is illegal, the lawyer shall point out to the court and ask to be corrected.
Section IX work after the adjournment of the court
Article 123 after the adjournment of the court, the lawyer shall be presented in court, the evidence read out in a timely manner with the court for the formalities of the handover.
After the adjournment of Article 124, the defense counsel shall as soon as possible to organize the defense.
For the evidence presented in court, after the adjournment of the lawyer shall promptly with the trial for handover procedures.
Article 125After the verdict of the first trial, the lawyer shall have the right to obtain a copy of the judgment. During the appeal period, the lawyer may meet with the defendant to hear his or her views on the content of the judgment and whether to appeal, and to give legal assistance.
Chapter 6 acting as a defender in the second instance of a public prosecution case
Article 126 lawyers undertaking the second instance of a public prosecution case, the commissioning procedures are the same as for the first instance. If necessary, the lawyer of the second trial may learn about the case from the lawyer of the first trial, requesting the provision of relevant materials, the lawyer of the first trial shall be assisted.
Article 127 accepts the commission, at the request of the defendant, the defense counsel may assist or on behalf of the written appeal.
Article 128 of the second trial defense counsel to read the file, meet with the defendant, investigation and evidence collection requirements are the same as the first trial.
Article 129 If a case of second instance is heard in court, the requirements for lawyers to participate in the trial shall be the same as in the first instance.
Article 130 of the second instance cases are not heard in court, the lawyer shall submit a written defense to the court, may provide new evidence.
Article 131 lawyers believe that the first instance judgment is unclear or insufficient evidence, shall request the court of second instance to hold a hearing.
Article 132 for the second trial court decided to remand the case, if the defendant continues to appoint a lawyer, shall re-apply for the entrustment procedures.