1. What can lawyers do in the stage of examination and prosecution?
The stage of examination and prosecution generally refers to the time when the case has been investigated and handed over to the prosecution organ of the procuratorate until the prosecution organ of the procuratorate brings a lawsuit to the court. At this stage, the suspect's family and others outside the case can still see the suspect only through lawyers. Lawyers can do the following work in the stage of examination and prosecution:
1. Meet with the criminal suspect and provide the above-mentioned assistance to the criminal suspect during the investigation stage, such as obtaining bail pending trial.
2. A lawyer can learn more about the relevant case from the examination organ of the procuratorate, including reading or copying the identification technical data and prosecution opinions involved;
3. Lawyers can put forward defense opinions to the procuratorial organs on the innocence of criminal suspects, light crimes, and this crime and that crime; If the procuratorial organ adopts the lawyer's opinion, it may lead to the case being returned for supplementary investigation or not being prosecuted. Failure to prosecute means that the suspect is acquitted in advance.
4. Even if the above objectives cannot be achieved, lawyers can exchange their views on the case with the prosecutor during the examination and prosecution stage, so as to understand the prosecutor's accusation thinking and make more adequate preparations for successful defense.
5. Provide necessary psychological counseling and legal rights protection consultation for criminal suspects, and ensure them to face the reality and meet the challenges healthily and actively.
6. Communicate life information and family information outside the case for criminal suspects and their families, calm their emotions and guarantee their basic needs.
7. Prevent the criminal suspect from being extorted by torture or continuing or acting as an agent to appeal against the illegal case handlers.
Second, do lawyers have the obligation to provide legal aid?
Legal aid refers to a legal guarantee system that legal aid agencies set up by the government organize legal aid lawyers to provide free legal services for people with financial difficulties or special cases.
Special case means that according to Article 34 of the Criminal Procedure Law of People's Republic of China (PRC), the defendant in a criminal case is blind, deaf or dumb, or the minor has not entrusted a defender, or the defendant may be sentenced to death without entrusting a defender, and should receive legal aid.
Therefore, not all lawyers have the obligation of legal aid, only lawyers under certain conditions have the obligation of legal aid.
3. Under what circumstances can I apply for legal aid?
According to Articles 10 and 11 of the Regulations of the People's Republic of China on Legal Aid [1], if a citizen has the following matters and has not entrusted an agent or a defender, he may apply for legal aid or be appointed by the people's court to defend:
1, request state compensation according to law.
2. Request for social insurance benefits or minimum living security.
3. Request for pensions and relief funds.
4. Requesting to pay alimony, alimony and alimony.
5. Requesting payment of labor remuneration.
6. Advocate the civil rights and interests arising from the courageous deeds.
7 cases of personal injury compensation caused by medical accidents, traffic accidents and industrial accidents.
8. Due to domestic violence, abuse, bigamy, etc. Cases in which the victim asks for divorce and personal injury compensation.
9. The criminal suspect fails to hire a lawyer due to financial difficulties after the investigation organ makes the first inquiry or takes compulsory measures.
10. The victim of a public prosecution case and his legal representative or close relatives have not entrusted an agent ad litem due to financial difficulties since the date when the case was transferred for examination and prosecution.
1 1. Since the people's court accepted the case of private prosecution, the private prosecutor and his legal representative have not entrusted an agent ad litem due to financial difficulties.
12. In a case where a public prosecutor appears in court for public prosecution, the defendant fails to entrust a defender due to financial difficulties or other reasons. If the people's court appoints a defense for the defendant, the legal aid institution shall provide legal aid.
13. If the defendant is blind, deaf, dumb or a minor without a defender, or if the defendant may be sentenced to death without a defender, when the people's court appoints a defender for the defendant, the legal aid institution shall provide legal aid without examining the defendant's financial situation.
Perhaps ordinary people will directly look at related criminal activities from the perspective of right and wrong, but lawyers are not allowed to do so. As a criminal suspect in a criminal case, even if he is extremely vicious, he has some legitimate rights and interests and should be respected by the judicial department. In the whole process, it is precisely because of lawyers that the rights and interests of criminal suspects have been fully guaranteed.