What preparations should lawyers make before the trial?
(1) Do a good job of meeting and lay the cornerstone of criminal defense. Meeting with the defendant should focus on the following aspects:
1. Listen to the defendant's statement of the facts of the case comprehensively and carefully.
2, careful analysis of the causes of crime, find out whether to rule out the causes of crime.
3. Understand the defendant's subjective attitude towards crime and distinguish between intention, negligence or accident.
4. Understand whether there are legal lighter or mitigated circumstances such as surrender and meritorious service.
5. Understand the personal and family situation of the defendant.
(two) carefully marking, comprehensive analysis, grasp the case, find out the problem.
(1) Make a record of marking and extract the case in detail;
(2) comprehensively review the evidence, find doubts, find out doubts, and make a breakthrough. When reviewing evidence, we should pay attention to details, and attach great importance to the nature of the case, the plot, the harmful result, the performance of repentance and other aspects, and we should not perfunctory.
(3) Draw up an outline for questioning and cross-examination of witnesses, defendants and victims in court, and reveal the plots and facts beneficial to the defendant from the questions.
(3) Elaborate the outline of the trial defense. Attention should be paid to the preparation of the defense outline:
1, based on the evidence of the whole case. Including the evidence of the prosecution and the evidence of the defense. In judicial practice, no court judge dares to support the defense scheme that completely ignores and deviates from the evidence of the case, and its defense effect can be imagined.
2, the defense plan should comply with the law. Criminal defense work is a highly professional work. The defense scheme involves substantive law, procedural law and evidence. Whether it is innocent defense or light defense, it must comply with relevant laws and regulations. The defense plan can not be divorced from the legal provisions and go its own way.
3. Pay attention to practical results and ensure the maximum interests of all parties.
(4) In order to improve the ability of criminal defenders to respond to emergencies in court, we should also make pre-trial predictions and enhance the ability of court defense. Accurately predicting pre-trial public prosecution opinions and preparing them pertinently play an important role in the successful defense of criminal defenders. The criminal defender's pre-trial prediction should be "know yourself and know yourself". Only in this way can the court debate be "invincible".
Article 39 of the Criminal Procedure Law: 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.
If a defense lawyer holds a lawyer's practice certificate, a law firm's certificate, a power of attorney or a letter of legal aid to ask for a meeting with the criminal suspect or defendant in custody, the detention center shall arrange the meeting in time, which shall not exceed 48 hours at the latest.
In criminal cases endangering national security and terrorist activities, defense lawyers should obtain permission from the investigation organ when meeting with the criminal suspect in custody during the investigation. The investigation organ shall notify the detention center of the above situation in advance.
When a defense lawyer meets a criminal suspect or defendant in custody, he can understand the case and provide legal advice. From the date when the case is transferred for examination and prosecution, the relevant evidence may be verified with the criminal suspect or defendant. Defense lawyers are not monitored when meeting with criminal suspects and defendants.
The provisions of paragraphs 1, 3 and 4 shall apply to the meetings and correspondence between defense lawyers and criminal suspects and defendants who are under surveillance.
The above are the relevant materials that lawyers need to prepare before the trial. In judicial practice, in order to defend the parties legally and reasonably, some investigation and evidence collection work is needed. In specific cases, we should deal with the law according to the actual situation to avoid the wrong application of the law, otherwise we need to investigate the relevant legal responsibilities.