1. Consult, extract and copy the litigation documents and technical appraisal materials in this case. This should be the first step in the formal development of defense lawyers. Whether there is criminal agency work in the investigation stage or not, the primary work in the examination and prosecution stage is still to understand the case, and collecting case information quickly and mastering relevant case materials is the basis for fulfilling the defense function. According to the law, we should first pay attention to the collection of "litigation documents", including special judicial documents such as filing decision, approval of arrest, approval of arrest decision, detention permit, arrest warrant, search warrant, decision to take compulsory measures other than arrest, and prosecution opinions, and then collect "technical appraisal materials", including forensic appraisal, disability grade appraisal, judicial psychiatric appraisal, material evidence technical appraisal, price appraisal and other related evidence materials.
2. Meet and communicate with the accused in custody. When the case enters the stage of examination and prosecution, the lawyer meets the defendant or reminds the defendant that he can write to the defense lawyer, or convey his true thoughts and defense contents to the defense lawyer through letters. This way is an appropriate supplementary way for some defendants who are introverted and unsociable.
3. Investigate and collect evidence. By consulting litigation documents, technical appraisal materials, meeting with defendants, and implementing evidence collection clues, we will lock the list of witnesses or new evidence that prove innocence and light crimes. On this basis, defense lawyers can conduct necessary investigation and evidence collection, or file an application to request the procuratorial department of the people's procuratorate to verify and collect relevant witness testimony, new material evidence and documentary evidence.
4. Bring a public prosecution to the public prosecution organ according to law. In particular, it is particularly important to identify the wrong charges or cases that may have unjust, false and wrong cases. The amendment to the Criminal Procedure Law stipulates that in 20 13 cases, when the people's procuratorate examines the case, the defense lawyer has the right to put forward opinions. If the opinions are put forward in writing, the procuratorate shall attach a volume.
Legal basis: Article 3 of the Criminal Procedure Law of People's Republic of China (PRC) is responsible for the investigation, detention, execution and pre-trial of criminal cases. The people's procuratorate shall be responsible for the prosecution, approval of arrest, investigation and prosecution of cases directly accepted by procuratorial organs. The people's court is responsible for the trial. Except as otherwise specified by law, no other organ, organization or individual has the right to exercise these powers. In criminal proceedings, the people's courts, people's procuratorates and public security organs must strictly abide by the relevant provisions of this Law and other laws. Article 4 State security organs shall handle criminal cases endangering State security according to law and exercise the same functions and powers as public security organs. Article 5 The people's courts exercise judicial power independently according to law, and the people's procuratorates exercise procuratorial power independently according to law, without interference from administrative organs, social organizations and individuals. Article 5 The people's courts exercise judicial power independently according to law, and the people's procuratorates exercise procuratorial power independently according to law, without interference from administrative organs, social organizations and individuals. Article 6 In criminal proceedings, the people's courts, people's procuratorates and public security organs must rely on the masses, take facts as the basis and take the law as the criterion. All citizens are equal in applying the law and are not allowed to have any privileges before the law. Article 6 In criminal proceedings, the people's courts, people's procuratorates and public security organs must rely on the masses, take facts as the basis and take the law as the criterion. All citizens are equal in applying the law and are not allowed to have any privileges before the law.