1. In the investigation stage, the charge for each piece is 5000- 10000 yuan.
2. In the stage of review and prosecution, the charge for each piece is 5000- 10000 yuan.
3. The charge for each piece in the first trial stage is 10000-30000 yuan.
(2) In cases of second instance, death penalty review, retrial, appeal and criminal private prosecution, the lawyer's service fee shall be charged according to the charging standard in the first instance.
(three) the law firm represents multiple stages of a case, and reduces the fees as appropriate from the second stage.
(4) If the victim files a criminal incidental civil action case, the lawyer's service fee shall be charged according to the charging standard of civil action case.
(5) If a criminal suspect or defendant is involved in several crimes or criminal facts at the same time, he may be punished for several crimes according to the crimes or criminal facts involved.
The following cases are determined by the law firm and the client through consultation, and the charging standard is not higher than 5 times of the above fees:
(a) the legal relationship of the case is complex, and the lawyer's handling time is obviously longer than that of similar cases;
(two) the case involves difficult professional issues, and the professional level of lawyers is significantly higher than that of similar cases;
(3) Major foreign-related cases and cases with significant social impact.
In the process of handling the case, the expenses such as appraisal fee, information inquiry fee and copying fee that need to be paid to the case-handling unit shall be borne by the client.
Travel expenses for handling cases in different places, such as transportation and accommodation, shall be borne by the client, settled and reimbursed according to actual expenses, and a certain amount may be negotiated.
The laws of our country do not stipulate how much to collect, because the economic development of each region is different and there are differences.
Article 3 of China's Interim Measures for the Administration of Charges for Lawyers' Services stipulates that a law firm shall, when providing the following legal services according to law, charge its clients the fees for lawyers' services according to the prescribed charging standards:
(1) Acting as an agent in civil cases;
(2) Acting as an agent in administrative cases;
(3) Providing legal advice to criminal suspects in criminal cases, acting as an agent for complaints and accusations, applying for bail pending trial, and acting as the defendant's defender or the agent of the private prosecutor or the victim;
(4) Acting as an agent for appeals in various litigation cases;
(5) Entrusted arbitration;
(six) as a legal adviser;
(7) Providing non-litigation legal services;
(eight) to answer questions about the law and write litigation documents and other documents related to legal affairs.
At the same time, Article 4 stipulates that the formulation and adjustment of charging standards for legal services in Items (1), (2), (3), (4) and (5) of Article 3 of these Measures shall be approved by the judicial administrative department of the State Council and submitted to the competent price department of the State Council. The competent price departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government may, according to the actual situation in the region and within the price range specified by the competent price department of the State Council, determine the charging standards implemented in the region and report them to the competent price department of the State Council for the record. The charging standards for legal services in Items (6), (7) and (8) of Article 3 of these Measures shall be determined through consultation between the law firm and the client.
According to the above regulations, we can see that the charging standards of criminal defense lawyers are different everywhere.
What are the charging methods of criminal defense attorney fees?
1. According to different service contents and different service methods, the lawyer's service fee can be fixed, piecework, proportional to the winning amount, timed and risk agent. Used alone or in combination.
2. If the legal service fee is fixed, the client and the law firm shall negotiate to determine the specific fee amount according to the nature of the business, the target amount, the major difficulty and the practice risk, and determine it in the entrustment contract.
3. If the legal service fee is charged by piece, the client and the law firm shall determine the amount of the fee according to the size of the subject matter of the case and a certain rate. It is suitable for the lawyer business with simple business and small target amount.
4. If the legal service fee is charged according to the proportion of the subject matter of the case, the client and the law firm shall calculate the legal service fee by stages according to the subject matter of the case.
5. If the legal service fee is charged by time, the client and the law firm shall negotiate and determine the hourly charging standard according to the business nature, target amount, major difficulty, practice risk, law firm cost, lawyer's legal service level and other factors.
(a) General criminal lawyer services
For criminal cases in which the court of first instance is a grass-roots court and the case is not significant or complicated, the lawyer's fees are as follows:
1, investigation stage: 3,000 yuan/piece
(Note: This lawyer only provides full legal services at all stages of litigation, and does not represent complaints, apply for bail pending trial, or provide interview services alone. )
2. Review and prosecution stage: 3,000 yuan/piece
3. Trial period: 4,000 yuan/piece
4. Appeal stage: 3,000 yuan/piece
(2) Lawyer service fee for major and complicated criminal cases.
The court of first instance is an intermediate people's court or a grass-roots court, but if the case is significant and complicated, it shall be determined through consultation with the client within the following scope:
1, investigation stage: 6000- 15000 yuan/piece.
2. Review and prosecution stage: 6,000 yuan-15,000 yuan/piece.
3. Trial period: 8,000-20,000 yuan/piece
4. Appeal stage: 6,000 yuan-15,000 yuan/piece.
(3) Travel expenses for handling cases in different places
1. Non-collection area: For cases where the case occurred and the trial place of the first instance was within ten jurisdictions of Shenyang (Heping District, Shenhe District, Huanggu District, Dadong District, Tiexi District, Dongling District, Yuhong District, Sujiatun District, Hunnan New District and Shenbei New District), it is not a case in another place, and no travel expenses are charged.
2. Accepted area: For cases where the place where the case occurred and the place where the case was tried in the first instance are outside the ten jurisdictions of Shenyang, the amount of travel expenses shall be determined through consultation with the client according to actual needs.
(4) Charges for criminal cases.
1, providing legal advice to criminal suspects 100-200 yuan/time;
2. Acting for complaints and accusations1000-3,000 yuan/piece;
3, as the defendant's defender or private prosecutor, the victim's agent ad litem:
(1) investigation stage (including application for bail pending trial)1000-3,000 yuan/piece;
(2) review and prosecution stage1000-3,000 yuan/piece;
(3) Trial stage 1500-4000 yuan. If the first trial is conducted and the second trial is conducted, the second trial shall be reduced according to the first-instance standard.
(5) Representing complaints in various litigation cases at a cost of 1 1,000-3,000 yuan/piece.
(6) Fees for major and complicated cases
The time and geographical span of the law firm is huge, and it belongs to major and complicated criminal litigation cases such as group crime. You can negotiate with the entrusting party to determine the specific charging standard within the range of not exceeding 5 times of the benchmark price.
Legal basis:
Article 14 of the Criminal Procedure Law of People's Republic of China (PRC), the people's courts, people's procuratorates and public security organs shall guarantee the right of defense and other litigation rights of criminal suspects, defendants and other litigation participants according to law. Participants in litigation have the right to sue judges, prosecutors and investigators for violating citizens' litigation rights and personal insults.