1. How can I hire a lawyer when I am detained in a detention center for fraud?
First of all, close relatives can go to the local law firm to consult a lawyer and explain their case to the lawyer in detail. When they find a lawyer, they need to pay the lawyer's fee. Lawyers sign the contract, which means that lawyers have full authority to represent them. If there is a breach of contract, the lawyer's agency fee will not be refunded, and then the lawyer will fully represent them. Of course, you just need to cooperate with the lawyer.
Finding a lawyer that matches the complexity and difficulty of the case is the right lawyer. The right lawyer has a fee that matches the case.
If a criminal suspect is detained in criminal detention, he may entrust a lawyer as a defender. When entrusting a lawyer, he shall issue a power of attorney, and the lawyer may meet the client after accepting the entrustment.
A criminal suspect has the right to entrust a defender from the day when he is interrogated for the first time by the investigation organ or takes compulsory measures; During the investigation, only lawyers can be entrusted as defenders. The defendant has the right to entrust a defender at any time.
When interrogating a criminal suspect for the first time or taking compulsory measures against him, the investigation organ shall inform him that he has the right to entrust a defender. The people's procuratorate shall, within three days from the date of receiving the case materials transferred for examination and prosecution, inform the criminal suspect that he has the right to entrust a defender. The people's court shall, within three days from the date of accepting the case, inform the defendant of the right to entrust a defender. If a criminal suspect or defendant requests to entrust a defender while in custody, the people's court, the people's procuratorate and the public security organ shall promptly convey it.
If a criminal suspect or defendant is in custody, his guardian or near relative may also entrust a defender.
After accepting the entrustment of a criminal suspect or defendant, the defender shall promptly inform the case-handling organ.
Second, what are the constitutive elements of the crime of fraud?
1, object element
The object of this crime is the ownership of public and private property. Some criminal activities, although they also use some deception and even pursue some illegal economic interests, are not or are not limited to the ownership of public and private property. So it does not constitute fraud. For example, abducting and selling women and children is a crime of violating personal rights.
The object of the crime of fraud is limited to the property of the state, the collective or the individual, and no other illegal interests may be defrauded. Its goal should also exclude loans from financial institutions.
2. Objective factors
Objectively, this crime is manifested in the use of fraud to defraud a large number of public and private property.
3. Main elements
The subject of this crime is the general subject, and any natural person who has reached the legal age of criminal responsibility and has the ability of criminal responsibility can constitute this crime.
4. Subjective factors
Subjectively, this crime is direct and intentional, with the purpose of illegal possession of public and private property.
Only by meeting the above conditions can it constitute a crime of fraud. You can analyze and judge according to your own situation, and ask a criminal defense lawyer to defend innocence or misdemeanor.
In a criminal case, a criminal suspect may entrust a defender to defend himself when he is interrogated for the first time or when compulsory measures are taken. But in the investigation stage, the defender invited by the criminal suspect can only be a lawyer. If a criminal suspect is detained for fraud, his close relatives may entrust a criminal defense lawyer to defend him on his behalf.