The defense lawyer shall carefully study all the files, and make marking records or file summaries according to the needs of the case. When grading, we should focus on the following items:
1 and other basic information, personal information of criminal suspects and defendants;
2. Statutory and discretionary circumstances that may affect the time, place, motivation, purpose, means and consequences of conviction and sentencing of suspects and defendants;
3. Facts and materials of innocence and guilt of criminal suspects and defendants;
4. The identity, qualification or qualification of the inspector, appraiser and producer of the inspection record;
5. Basic information such as personal information of the victim;
6, check and review the legal procedures and litigation documents during the prosecution is legal and complete;
7. Determine the source of materials, appraisal opinions and reasons, and whether the appraisal institution has appraisal qualifications, etc. ;
8. Relevant information of criminal suspects and defendants;
9, according to the authenticity, legitimacy and relevance, contradictions and doubts between the evidence;
10, whether it can prove the criminal facts suspected or accused in the prosecution opinion and indictment;
1 1, there is illegal evidence collection.
legal ground
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. "People's Republic of China (PRC) * * * Lawyers Handling Criminal Cases Rules" Article 35 The defense lawyers and attorneys shall consult and copy the following files in time:
(1) Evidence materials for supplementary investigation by investigation organs and procuratorial organs;
(2) The people's procuratorate and the people's court shall, upon the application of the criminal suspect, the defendant and his defense lawyer, obtain from the investigation organ and the public prosecution organ the evidential materials collected in the process of investigation, examination and prosecution about the innocence and light crime of the criminal suspect and defendant;
(3) Evidence materials that have not been obtained by the procuratorial organs and materials related to sentencing circumstances, such as the defendant's surrender, confession and meritorious service, which were obtained by the people's court upon the application of the defendant and his defense lawyer.