From 20 10, 10 and 10, the detailed rules for the implementation of sentencing guidance of Guangxi people's court came into effect. The detailed rules clearly stipulate that 15 kinds of crimes, such as intentional injury, theft, robbery, drug trafficking, rape and job occupation, shall be regulated in sentencing. During the trial, we should not only cross-examine whether it constitutes a crime, but also quantify the corresponding sentencing. In a specific criminal case, only the criminal suspect or lawyer can put forward defense opinions on whether it constitutes a crime, be given a lighter punishment or be exempted from punishment, and no one else can put forward defense opinions. The suspect lost his personal freedom because of his imprisonment. Even if the suspect is a lawyer before, he can't defend himself well, so he can only entrust other lawyers to defend himself. This is not uncommon in film and television works and reality, let alone ordinary suspects. Because there are many related regulations on the standardization of sentencing, only lawyers, judges and prosecutors know how to master them, but ordinary people don't understand them, let alone use them. Without the participation of lawyers, suspects will be in the position of asymmetric information, and it is impossible to achieve the purpose of lightening, mitigating or exempting punishment to the maximum extent within the framework prescribed by law. As we all know, at present, lawyers must pass the national judicial examination (lawyer qualification before 2000), have a bachelor's degree or above, and all practitioners are experts in law. According to the law, only lawyers or case handlers in this case can meet the suspect before the judgment, and others have no chance to meet the suspect before the judgment. Lawyers can publicize relevant laws and regulations to suspects by meeting them and understanding the case. If the criminal evidence is conclusive, they will persuade the suspect to plead guilty in court. According to the detailed rules, they can get 10% commutation. In fact, there are many cases where the punishment can be mitigated, and in some cases, the punishment can even be reduced by 60%. Different crimes, different ages of suspects, different ways of bringing them to justice, different performances of repentance and different proportions of mitigating punishment. Through investigation and evidence collection, lawyers can communicate and coordinate with relatives and victims of criminal suspects and provide effective evidence and defense opinions, which can maximize the benefits of mitigating punishment. Need to know more.
Legal objectivity:
Article 204 of the Criminal Procedure Law of People's Republic of China (PRC), if the defendant's whereabouts are unknown during the trial of a private prosecution case, it shall be ordered to suspend the trial. After the defendant is brought to justice, the trial shall be resumed, and compulsory measures shall be taken against the defendant when necessary to ensure the smooth progress of the proceedings. When the private prosecution is served on the defendant, if the defendant does not appear in court, the responsibility is not on the private prosecutor (the private prosecutor should no longer bear the obligation to provide the whereabouts of the defendant), and the case cannot be tried, so the court can only make a decision to suspend it.