What is the duty of a lawyer?

Legal subjectivity:

The duties and obligations of lawyers are as follows: the duties of lawyers are to safeguard the legitimate rights and interests of the parties, to safeguard the correct implementation of the law and to safeguard social fairness and justice. Two, the lawyer's obligation is to abide by the Constitution and laws, abide by the lawyer's professional ethics and practice discipline, practice should accept the supervision of the state, society and the parties, practice must be based on facts, take the law as the criterion.

Legal objectivity:

Article 33 of China's Lawyers Law stipulates: "From the day when the criminal suspect is interrogated for the first time by the investigation organ or compulsory measures are taken, the entrusted lawyer has the right to meet the criminal suspect and defendant with the lawyer's practice certificate, law firm certificate, power of attorney or legal aid letter to learn about the relevant situation. Lawyers meet with criminal suspects and defendants without being monitored. " Therefore, it is very important to entrust professional criminal defense lawyers to meet effectively and provide them with procedural legal help and substantive legal advice for safeguarding the legitimate rights and interests of criminal suspects and defendants. What are the opportunities in criminal cases? The so-called case opportunity refers to the maximum benefit and the best result that the criminal suspect and defendant can win in all stages of criminal proceedings, such as filing, investigation, prosecution and trial. Because criminal suspects and defendants are basically in custody and lack legal knowledge, they often need the guidance and help of lawyers who are proficient in legal knowledge to safeguard their legal rights. 1. What are the chances of a case under investigation? 1, strive for bail pending trial. The best hope for any imprisoned person is to regain his freedom. Lawyers can help criminal suspects to state the detailed facts and reasons for bail pending trial, which is an important condition for successfully applying for bail pending trial; If you just submit an empty application, the possibility of successful bail is close to zero. 2. Strive for the investigation organ to dismiss the case. If it can be proved that the suspect has no criminal acts and criminal facts, we can strive for the investigation organ to dismiss the case and let the suspect return to society and regain his freedom. 3, strive to change to administrative punishment. Compared with criminal punishment, administrative punishment is much lighter and has much less impact on the life of criminal suspects. Therefore, with the help of lawyers, it is also a good choice to provide facts and evidence to prove that the nature and harm of the criminal suspect's behavior have not reached the level of criminal punishment for violating the criminal law, and strive to change it into administrative punishment. 4. Strive for the case investigation organ not to transfer it for review and prosecution. Let the case stay in the investigation stage, then the subsequent prosecution and trial will not be carried out, and the suspect will have the opportunity to regain his freedom. Second, what opportunities are there to review the case at the prosecution stage? 1, and strive for the prosecution to make a decision not to prosecute. In the stage of examination and prosecution, the best result that lawyers can get for clients is to let the prosecution make a decision not to prosecute. Lawyers and clients must make every effort to find out the following facts and reasons for not prosecuting according to law or as appropriate. The cases of statutory non-prosecution are as follows: (1) The circumstances are obviously minor and the harm is not great, and it is not considered a crime; (two) the crime has passed the limitation period; (3) Being exempted from punishment by an amnesty order; (four) in accordance with the "Criminal Law" to inform the handling of the crime, not to inform or withdraw; (5) The criminal suspect or defendant dies; (six) other laws and regulations shall be exempted from criminal responsibility. Cases of discretionary non-prosecution include: if the circumstances of the crime are minor and there is no need to sentence or exempt from punishment according to the provisions of the criminal law, the people's procuratorate may make a decision not to prosecute. 2, strive for the procuratorial organs to prosecute with minor charges, criminal circumstances and the nature of the act. In judicial practice, the proportion of the prosecution's decision not to prosecute is very small, but lawyers can persuade the prosecution to make less severe charges according to facts and laws. 3. Strive for the criminal suspect to obtain bail pending trial. 3. What are the opportunities for the case at the trial stage? 1, strive for acquittal and release in court. If it can be proved that there is no criminal fact and the defendant has no criminal behavior, the court shall make a judgment that the defendant is not guilty; If it can be proved that the evidence is insufficient and the defendant cannot be found guilty, the court shall declare the defendant innocent on the grounds of insufficient evidence and the charges. 2. Strive for a lighter sentence and criminal punishment. The defendant should cooperate closely with the lawyer to find all the facts and evidence that can prove that his crime is light and should be mitigated, and strive for a lighter punishment.