A key point of criminal lawyers' meeting is "discovery", that is, communicating with the parties (criminal suspects) to understand the case, and then discovering the evidence, facts and plots that are beneficial to the parties; Another key point is "informing", that is, let the parties fully understand the basic litigation rights stipulated by law and the basic elements of crime in criminal entities. Under normal circumstances, lawyers will fully communicate the case with lawyers after the parties understand the litigation rights and the constitutive elements of the crime.
First, six contents about lawyers' understanding of the case
When a lawyer meets a criminal suspect, he can understand the case from the following six aspects:
(1) The natural situation of the criminal suspect. The subject of the crime has a great influence on the case in law, such as the critical point of minors' age 14, 16, whether they are students or not, whether they have criminal records, etc.
(two) whether and how to participate in the suspected case; Here we focus on the question of crime and non-crime.
(3) If guilty, state the main facts and circumstances related to conviction and sentencing; Whether there are accomplices, attempted circumstances, facts and amount are controversial.
(four) if you think you are innocent, state the plea of innocence; For example, finding an alibi and other innocent evidence.
(five) whether the legal means of compulsory measures are complete and whether the procedures are legal; Understand the crime, whether there are circumstances such as surrender.
(six) whether their personal rights and litigation rights have been violated after taking compulsory measures; Pay attention to whether there is illegal evidence collection.
Two, three aspects of the right to inform in criminal proceedings.
Lawyers are not monitored when they meet their clients, but previous cases show that individual case-handling agencies have illegal monitoring. Of course, even if there is illegal interception, the law stipulates that the content intercepted during the meeting shall not be used as evidence.
If it is a major case, lawyers can generally give appropriate tips to inform the parties of the legal provisions that will not be monitored, and then focus on providing legal advice to the parties to understand the case. The contents of legal consultation are mainly divided into the following three aspects:
The first is to inform the basic litigation rights and interrogation regulations in eight aspects.
(1) A criminal suspect has the right not to be forced to prove his guilt;
(two) the criminal suspect has the right to appeal and accuse the case-handling organ of infringement and procedural violations;
(3) The criminal suspect has the right to apply for the withdrawal of the case-handling personnel;
(4) The criminal suspect has the right to know the expert conclusion used as evidence by the case-handling organ, the right to apply for supplementary expert evaluation or re-expert evaluation, and other rights of objection;
(5) Criminal suspects have the right to raise objections to the jurisdiction of criminal cases;
(6) The criminal suspect has the obligation to truthfully answer the questions of the investigators and has the right to refuse to answer questions irrelevant to the case in time;
(7) A criminal suspect has the right to write his own confession, the right to check, supplement, correct and supplement the interrogation record made by the case-handling personnel, and the obligation to sign or seal the record after admitting that it is correct.
(8) The criminal suspect has the right to truthfully confess the facts of the crime and get a lighter punishment.
The above contents, focusing on items 7 and 6, are the right to notify the signature of transcripts and relevant evidence materials. Lawyers should know how to let clients distinguish the relationship between confession and transcript, which is only the carrier of confession, but it is very important for confession. Read the transcript carefully before signing. If the transcript is inconsistent with what you said, it will be revised. If the case-handling personnel do not correct it, and the contents of the transcript are inconsistent with what they say, don't simply refuse the visa. You can directly write "the above contents are different from what I said" and other contents that express that the transcript is inconsistent with your confession, and then sign it. The evidence materials, when signed, should also be properly defended. If you don't know, make it clear.
Second, five provisions on informing criminal proceedings and compulsory measures.
Types of compulsory measures, with emphasis on the importance of examining arrest;
(two) the legal provisions on the conditions and application procedures of compulsory measures;
(3) The legal provisions on the duration of compulsory measures, such as the gold 37 days mentioned in the industry.
(4) The rights and conditions for applying for changing compulsory measures.
(5) Informing the procedural points of each stage of a criminal case;
The key point here is to start the summons or detention procedure and verify whether there is a surrender. Another key point is to inform the prosecutor in charge of examination and arrest of the importance of expressing opinions if innocent defense and minors are involved.
Third, five provisions on the relationship between crime constitution and evidence.
(a) the relevant provisions of the criminal law on the charges suspected by the criminal suspect;
(two) the provisions of the criminal law on surrender, meritorious service and other related lighter, mitigated and exempted punishment;
(3) Relevant provisions on the burden of proof in criminal cases;
(4) The meaning, types and relevant provisions on the collection and use of evidence;
(5) Relevant provisions on the exclusion of illegal evidence.
In fact, the above is the key content of the first meeting, and the parties should fully understand the above provisions before stating the case to the defense lawyer.
Third, the conclusion
Meeting a lawyer is a technical job. Experienced lawyers will fully inform the parties of their rights granted by law, and then focus on finding the facts and circumstances that are beneficial to the parties.
At the same time, lawyers will also pay attention to the right not to be monitored during the meeting and the adverse risks that illegal monitoring may bring to the parties.
Of course, after the defense lawyer informs the legal provisions and rights, the parties will fully understand their statements.
In a word, the Law Society is not only about legal provisions, but also about technology.