Is it useful to ask a lawyer to defend the crime of fraud? It must be useful. After criminal detention, it enters the stage of criminal investigation. According to Article 34 of the newly revised Criminal Procedure Law, a criminal suspect has the right to entrust a defender from the day when he is interrogated for the first time by the investigation organ or takes compulsory measures. During the investigation, only lawyers can be entrusted as defenders. Article 37 The duty of a defender is to present materials and opinions on whether a criminal suspect or defendant is innocent, light or relieved of 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. Article 38 A defense lawyer may provide legal aid to a criminal suspect 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 39 A defense lawyer may meet and correspond with a criminal suspect or defendant in custody. Other defenders, with the permission of the people's courts and people's procuratorates, may also meet and correspond with criminal suspects and defendants in custody. Criminal cases are divided into three stages: public security investigation stage, procuratorate examination and prosecution stage and court trial stage. As long as a person is suspected of any crime, as long as he is not convicted by the court, he cannot be called a criminal, so he has no criminal record. Therefore, the best time to invite a lawyer to intervene is the public security investigation stage, because at this stage, the public security organs are not allowed to let family members or relatives visit, and only lawyers can see people. Does this person constitute a crime? What crime? Was the client tortured? At this stage, after meeting with the client, the Lawyers Association can basically determine the complexity of the case and whether the client should bear criminal responsibility. If it is minor, you can directly apply for bail pending trial, and you can extort a confession by torture, which is conducive to protecting the client from personal injury. Therefore, it is recommended to hire a lawyer in the public security investigation stage for general criminal cases. Whether it constitutes a crime of fraud How to determine the crime of fraud refers to the act of defrauding a large number of public and private property by means of fictional facts or concealing the truth for the purpose of illegal possession. First, the perpetrator committed fraud. Formally speaking, fraud includes two kinds, one is to fabricate facts, the other is to conceal the truth, both of which are essentially behaviors that make victims fall into wrong understanding. The content of fraud is to make the victim have a wrong understanding and make the property disposal that the perpetrator wants under certain circumstances. Therefore, fabricating or concealing past facts, or present facts and future facts, as long as they have the above contents, is a kind of fraud. Secondly, fraud makes the other party have a wrong understanding. The misunderstanding of the other party is caused by the fraud of the perpetrator. Even if the other party has some misjudgments, it does not prevent the fraud from being established. Between fraud and the other party's disposition of property, it is bound to involve the other party's misunderstanding. If the other party disposes of the property due to fraud and does not cause misunderstanding, it is not a crime of fraud. As long as the fraudulent party asks for the person who has the authority or status to dispose of the property, he should not ask for the owner or possessor of the property. By providing false statements and false evidence, the actor makes the court make a judgment in his favor, thus obtaining property and bringing a civil lawsuit, which is called litigation fraud, but it is not established as fraud. Thirdly, the establishment of the crime of fraud requires the victim to dispose of his property after falling into a wrong understanding. Property disposition includes disposition behavior and disposition intention, and this requirement is made to distinguish fraud from theft. Disposing of property is manifested as direct delivery of property, or commitment of the actor to obtain property, or commitment to transfer property interests. If the perpetrator commits fraud and makes others give up their property, and the perpetrator picks up the property, he should also be punished as fraud. However, the act of putting a piece of metal similar to a coin into a vending machine to obtain goods in the vending machine does not constitute fraud, but only theft. Finally, after the victim disposed of the property by fraudulent means, the actor obtained the property, thus damaging the victim's property. According to Article 266 of the Criminal Law, it is a crime to defraud a large amount of public or private property. If you want to know more about the defense of other fraud crimes, please visit the official website of www. 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Legal objectivity:
Criminal procedure law
Article 37
The responsibility of a defender is to provide materials and opinions on whether a criminal suspect or defendant is innocent, light or relieved of 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.
Criminal procedure law
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.