This is necessary.
It can be said with great certainty that the sooner a suspect suspected of a criminal offence is detained, the better.
It is best for public security organs to entrust lawyers to intervene after criminal detention, so that lawyers can meet the parties in time, understand the case and provide them with legal advice.
The role of lawyers in criminal cases is as follows:
1. Provide legal services and represent complaints and accusations.
2, on behalf of the application for bail or residential surveillance.
3. After accepting the entrustment, the lawyer gets in touch with the investigation organ, learns from the investigation organ about the charges charged by the criminal suspect, and puts forward specific requirements for meeting the criminal suspect in time.
Since 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 case.
4. If the detention period expires and the arrest is not approved or the compulsory measures are changed, you can request the cancellation or change of the compulsory measures, and you can get a bail pending trial or monitor your residence.
5. Upon the expiration of the period of arrest, if he is transferred to the procuratorial organ or changes the compulsory measures, he may request that the compulsory measures be lifted or changed, and he may be released on bail pending trial or under residential surveillance.
In judicial practice, some arrested criminal suspects can also come out in the follow-up procedure. According to the lawyer's previous experience in handling cases, the reasons for the arrested party's release in the follow-up procedure are bail pending trial, dismissal of prosecution, non-prosecution, acquittal, probation and exemption from criminal punishment. In this kind of cases, the role of lawyers is mainly reflected in finding reasons for bail pending trial, withdrawing charges, not prosecuting, acquitting, suspending sentences and exempting from criminal punishment, and persuading the case-handling organs to make corresponding decisions. By giving opinions to the public security organs, lawyers urge the public security organs to find out the facts that are beneficial to the parties, collect the evidence that is beneficial to the parties, and get a chance to be given a lighter punishment. Through case analysis, the arguments and evidence materials beneficial to their clients are organized in a logical and complete style for debate.
Criminal lawyer's fee
There is no uniform standard.
The amount of lawyer's fees in criminal cases needs to be evaluated according to the complexity of the case, the workload of lawyers, the cost of handling cases, and the personal experience and ability of lawyers. Due to the above factors, the lawyer's fees in different cases will be different, so it is necessary to provide case materials and discuss with lawyers face to face.
The following are the reference standards for criminal attorney fees:
(1) The charging standard for criminal cases is piecework charging at all stages of handling cases.
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.
4. Non-Beijing cases with particularly difficult family life and meeting the conditions of local legal aid will fall within the scope of the above standards.
(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 several criminal facts at the same time, they can be prosecuted separately 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 such as transportation expenses and accommodation expenses for handling cases in different places shall be borne by the client, settled and reimbursed according to actual expenses, and a certain amount of lump sum can also be negotiated.
Second, can the crime of helping the letter be released on bail pending trial?
Those who meet the requirements may apply for bail pending trial. The conditions for obtaining bail pending trial are as follows:
According to Article 65 of the Criminal Procedure Law, the people's courts, people's procuratorates and public security organs may obtain a guarantor pending trial for a criminal suspect or defendant under any of the following circumstances:
(1) may be sentenced to public surveillance, criminal detention or independent application of supplementary punishment;
(2) may be sentenced to more than fixed-term imprisonment, and obtaining a bail pending trial will not cause social danger;
(3) Women who are seriously ill, unable to take care of themselves, pregnant or nursing babies will not be socially dangerous if they are released on bail pending trial;
(4) Upon the expiration of the detention period, the case has not yet been settled, and it is necessary to obtain bail pending trial.
Bail pending trial shall be executed by the public security organ.
Article 66 When people's courts, people's procuratorates and public security organs decide to release a criminal suspect or defendant on bail pending trial, they shall order the criminal suspect or defendant to put forward a guarantor or pay a deposit.
Criminal suspects and defendants who have been released on bail pending trial shall abide by the following provisions:
(1) Do not leave the city or county where you live without the approval of the executive organ;
(2) If the address, work unit and contact information change, it shall report to the executing organ within 24 hours;
(3) Arriving in time at the time of arraignment;
(4) Do not interfere with the testimony of witnesses in any form;
(5) Never destroy or forge evidence or collude with others.
If a criminal suspect or defendant who has been released on bail pending trial violates the provisions of the preceding two paragraphs and has paid the deposit, part or all of the deposit shall be confiscated, and depending on the circumstances, he shall be ordered to make a statement of repentance, pay the deposit again, put forward a guarantor or monitor his residence and be arrested.
Three, how to identify the crime of trust, what are the sentencing circumstances?
The constitutive requirements of the crime of trusting trust are: the subject of crime is the general subject. The subjective aspect is intentional, that is, knowing that you are helping others commit information network crimes. The object of criminal infringement is the state's management order of the normal information network environment. Objectively speaking, it is a serious behavior to provide Internet access and server hosting for information network crimes.
Criminal law of the people's Republic of China
Article 287 bis
The crime of helping information network criminal activities is provided for others with technical support such as Internet access, server hosting, network storage and communication transmission. Commit crimes for them, or provide assistance in advertising promotion, payment and settlement. If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or only be fined.
If a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be punished in accordance with the provisions of the first paragraph.
Whoever commits the acts mentioned in the preceding two paragraphs and constitutes other crimes at the same time shall be convicted and punished in accordance with the provisions of heavier punishment.
Interpretation of some issues concerning the application of law in handling criminal cases such as illegal use of information networks and helping information network criminal activities.
Twelfth knowing that others use information networks to commit crimes, to help them commit crimes, under any of the following circumstances, it should be considered as "serious circumstances" as stipulated in the first paragraph of Article 287 bis of the Criminal Law:
(a) to provide help to more than three objects;
(two) the payment and settlement amount is more than two hundred thousand yuan;
(three) the use of advertising to provide funds of more than fifty thousand yuan;
(four) the illegal income of more than ten thousand yuan;