(a) The role of lawyers in the investigation stage:
1. Lawyers can meet with criminal suspects, inform their families of their concerns, ease the anxiety of criminal suspects and give psychological comfort. At the beginning of restricting personal freedom, many people's living environment, social status and psychological pressure suddenly changed, which many people could not bear. Things that should not have happened under poverty.
2. When a lawyer meets a criminal suspect, he can explain the accused charges and relevant legal knowledge to the criminal suspect. Let the suspect have a clear understanding of the difficulties he faces and know what to do and what not to do.
3. When a lawyer meets a criminal suspect, he can learn from the criminal suspect whether he is innocent or guilty, and help to do some work of fixing strong evidence to prepare for a successful defense in the future. Evidence is in danger of being lost at any time, and a temporary negligence may lead to never obtaining favorable evidence.
4. Lawyers can avoid extorting confessions by torture to the greatest extent when meeting with criminal suspects. Although the legal environment in our country is improving day by day, the phenomenon of extorting confessions by torture still occurs from time to time, and even the tragedy of extorting confessions by torture and maiming to death appears. If extorting a confession by torture, lawyers can lodge complaints and accusations on behalf of the criminal suspect, thus effectively reducing the occurrence of this situation.
By meeting with the criminal suspect, the lawyer can help the criminal suspect correctly understand his behavior, so as to get the opportunity to make meritorious service and reduce the punishment.
6. In the investigation stage, lawyers can help criminal suspects to apply for bail pending trial according to the case, which can resolve the crisis well;
7. With the revision of the Criminal Procedure Law, lawyers will also increase on-site work to better protect the legitimate rights and interests of criminal suspects.
(two) the role of lawyers in the review and prosecution stage:
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.
(three) the role of lawyers in the trial stage:
1. Meet with the criminal suspect, find out the evidence clues of the criminal suspect (called the defendant at this stage), and collect the evidence of light or innocence for the defendant;
2. Meet with the presiding judge, read and copy the defendant's case file;
3. Meet with the defendant and exchange views with the defendant on the defense opinions initially formed by the lawyer; Teach the defendant the trial procedure and matters needing attention in the trial, and do some cross-examination exercises when necessary, so as to cooperate properly in the court and strive for the best trial effect.
4. Seriously study the case and make full preparations for the trial. Hire famous domestic criminal experts to provide authoritative opinions on major issues to support defense views; When necessary, influential media can be invited to supervise and appeal to ensure fair trial;
5. Seriously respond to the trial, fully explain the defense reasons, and be sensible and sensible. Try to win the judge's approval of the defense point of view;
6. Carefully prepare the defense and persuade the judge to make a written judgment in favor of the defendant again; In a legal way, through various channels to influence the views of judges;
7. After receiving the judgment of first instance, meet the defendant in time, inform the defendant of the advantages and disadvantages of the judgment, and make reasonable suggestions on whether the judgment is within the above range;
8. If the defendant requests an appeal, help the defendant to appeal.