A criminal case refers to a case in which a criminal suspect or defendant is accused of violating social relations protected by criminal law and is investigated, tried and given criminal sanctions (such as fines, fixed-term imprisonment, death penalty, deprivation of political rights, etc.) by the state. ) in order to investigate the criminal responsibility of criminal suspects or defendants.
Civil cases generally follow the principle of non-litigation, that is, the parties do not take the initiative to raise it with the state judicial organs, and the state judicial organs generally do not intervene in disputes between the parties. In criminal cases, the national criminal judicial organs usually take the initiative to intervene. After the victim or the masses report the case, the public security and procuratorial organs will intervene in the investigation. Then the people's procuratorate prosecuted the defendant on behalf of the state, and the court, as a judge of the law, conducted a fair trial to achieve the criminal law purpose of punishing criminals and protecting the people.
According to the nature of work, lawyers can be divided into full-time lawyers and part-time lawyers; according to their business scope, lawyers can be divided into civil lawyers, criminal lawyers and administrative lawyers; according to their clients and working status, lawyers can be divided into social lawyers, corporate lawyers and public lawyers. Lawyer's business is mainly divided into litigation business and non-litigation business. A lawyer refers to a practitioner who has passed the national legal professional qualification examination, obtained a lawyer's practice certificate according to law, accepted the entrustment or designation, and provided legal services to the parties. The nature of a lawyer is to provide legal services for the society, and he is a professional legal service worker. The contents and scope of legal services provided by lawyers to the society are as follows:
1, as legal adviser;
2. Acting as an agent ad litem;
3, as a criminal defender;
4. Acting as a non-litigation agent and participating in mediation and arbitration;
5, answer legal advice, writing legal documents, etc. In order to safeguard the legitimate rights and interests of the parties and the correct implementation of the law.
Article 40 of the Criminal Procedure Law of People's Republic of China (PRC) * * * Since the people's procuratorate examines and prosecutes the case, the defense lawyer may consult, extract and copy the case file. Other defenders may also consult, extract and copy the above materials with the permission of the people's court or the people's procuratorate.