1. What are the duties of lawyers in criminal cases?
1. The duty of a lawyer in a criminal case is to provide materials and opinions on whether a criminal suspect or defendant is innocent, light or exempted from criminal responsibility according to facts and laws, and to safeguard the litigation rights and other legitimate rights and interests of the criminal suspect or defendant. In addition, during the investigation, legal aid can be provided to criminal suspects, and they can act as agents to appeal and accuse and apply for changing compulsory measures.
2. Legal basis:
According to the provisions of Article 37 of the Criminal Procedure Law of People's Republic of China (PRC), the defender's duty is to put forward materials and opinions that the criminal suspect or defendant is innocent, the crime is light, or his criminal responsibility is reduced or exempted, and to safeguard the litigation rights and other legitimate rights and interests of the criminal suspect or defendant.
Article 38. Defense lawyers can provide legal aid to criminal suspects during investigation. Acting as an agent for complaints and accusations; Apply for changing compulsory measures; Ask the investigation organ about the crimes and cases suspected by the criminal suspect, and put forward opinions.
Article 42. The defender shall promptly inform the public security organ and the people's procuratorate of the evidence that the criminal suspect is not at the scene of the crime, has not reached the age of criminal responsibility, and belongs to a mental patient who is not criminally responsible according to law.
Second, do lawyers have the right to investigate and collect evidence?
1, investigation and evidence collection refers to organizations or individuals that have the right to investigate and collect evidence from relevant units and individuals in order to find out the facts of a case. State organs with the power to investigate and collect evidence include public security and procuratorate.
2. The concept of the right to investigate and collect evidence. Lawyers' right to investigate and collect evidence means that lawyers have the right to investigate and collect evidence from relevant units and individuals when handling legal affairs. This is one of the important rights that lawyers should enjoy, and it is also the guarantee for lawyers to practice smoothly.
3. Characteristics of the right to investigate and collect evidence. Lawyers are not legally required to investigate evidence. The lawyer's right to collect evidence in criminal investigation focuses on collecting evidence beneficial to the client. Evidence materials obtained by lawyers' investigation must be investigated and verified by the court before they can be used as evidence.
4. The significance of the right to investigate and collect evidence. Protecting lawyers' right to investigate and collect evidence is the need of building a country ruled by law. A country without a lawyer system and lawyers is not a country ruled by law. It is of great significance to improve the right of defense lawyers to investigate and collect evidence. Its perfection is not only conducive to safeguarding the substantive rights of defense lawyers and safeguarding the legitimate rights and interests of the parties, but also conducive to promoting the balance between prosecution and defense and realizing judicial justice and fairness.
5. Principles of investigation and evidence collection. The principle of focusing on the rights demanded by customers. The purpose of civil litigation is to solve the disputed facts between the original defendant and the defendant, and to solve the dispute, there must be evidence to prove it. Only by investigating and collecting evidence around the disputed facts, and the evidence thus obtained has a direct causal relationship with the disputed facts, can it be proved. Otherwise, it is useless evidence.
6. The principles of objectivity and timeliness. Because the facts of the case exist objectively, the evidence to prove the facts of the case should also exist objectively. As evidence in litigation, it must be an objective fact. No matter physical evidence, documentary evidence or witness, fictional facts and statements made after speculation and hypothesis can be written as evidence. Therefore, in the process of investigation and evidence collection, lawyers must pay attention to collecting and collecting evidence that is directly causal or objectively related to the disputed facts.
7. Legal and meticulous principle.
(1) Legality means that lawyers should collect evidence in accordance with the Lawyers Law, the Civil Procedure Law and other laws and regulations. Collecting evidence legally is the premise to ensure the probative force of evidence. Illegally collected evidence cannot be used as
The basis of the final decision. The legality of collecting evidence mainly includes the following aspects: First, when an attorney investigates and collects evidence from relevant units or individuals, he should show the lawyer's practice license, lawyer's investigation letter or special certificate for lawyer's investigation to the investigated unit or individual, explain the purpose, and at the same time, he must inform the investigated person that he should provide evidence truthfully. Secondly, the investigation record should record: name, gender, age, occupation, address, contact information, etc. The respondent's; The name, gender, age and law firm of the investigator; The year, month, day and place of the investigation; The investigation record shall be submitted to the respondent for verification, and finally signed or sealed by the respondent. Thirdly, copying the materials of the investigated unit should be verified by the competent personnel and stamped with the official seal of the unit: indicate the year, month and day; And attach the certificate of the investigator (attorney). Finally, investigation and evidence collection from witnesses should not be carried out by threats, deception, torture and other illegal means.
(2) Meticulousness means that in the process of investigation and evidence collection, the attorney should be meticulous and serious, and not careless, and collect or extract all kinds of evidence that have a direct causal relationship with the case. For example, when the content of the witness's answer to the inquiry is ambiguous, the attorney should carefully examine the question, ask the content that has a direct causal relationship with the case, and make a simple and clear record. When investigating and extracting evidence, the original materials should be given priority to; If it is really difficult to extract the original, you can extract a copy; Corresponding preservation measures shall be taken for the material evidence that may deteriorate or be destroyed. The original documents should also be collected and extracted; When submitting to the court, a copy should be submitted first, and the original documentary evidence should be submitted at the trial.
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