1. If there is no innocence defense, sentencing steps: determine the starting point for sentencing based on the basic criminal facts proven by the evidence, then determine the sentencing baseline based on other criminal facts proven by the evidence, and finally determine the sentencing baseline based on the evidence. The proven sentencing circumstances determine the sentence. 2. Substantive evidence materials: For the substantive evidence materials that have not yet come into contact with the case, the lawyer cannot determine whether to defend innocence, misdemeanor defense, or sentencing defense, and there is no way to predict the final verdict. Good The outcome of the case is determined, not predicted out of thin air. For evidence materials that prove the specific details of the behavior, the investigative agency and the public prosecution agency will explain the legal attributes from the perspective of accusation, while the defense lawyer will explain the legal attributes from the perspective of defense. Which explanation the court will ultimately adopt depends on which explanation is more reasonable. Evidence-based. 3. Limitations of consultation: Consultation can only solve the problem of finding a lawyer. Through consultation, you can understand the lawyer’s basic skills such as legal quality and language expression ability, and find a lawyer that suits you; consultation cannot solve the problem of the case itself, because you consult Later, you will understand that you do not have the rights of a lawyer. The knowledge and practical experience in skills and skills accumulated by lawyers through handling some cases cannot solve actual problems. Moreover, lawyers carry out specific criminal defense work step by step based on the evidence of the entire case. It is a complex and specific process - thousands of cases are ever-changing, and the ever-changing tactics are impossible for you to fully understand. Entrust a criminal defense lawyer who specializes in criminal defense services as soon as possible. Criminal defense is a process, a step-by-step process of specific work centered on the review, judgment and application of criminal evidence. Lawyers are professionals. Unlike doctors, who are divided into majors such as brain and chest medicine, they are also divided into majors such as civil and criminal defense. Therefore, you should entrust a criminal defense lawyer who engages in criminal defense business. Legal objectives:
Article 236 of the Criminal Procedure Law: After hearing the first-instance appeal and protest cases, the second-instance people’s court shall handle them according to the following circumstances: (1) The original If the judgment determines the facts and applies the law correctly, and the sentence is appropriate, the appeal or protest shall be dismissed and the original judgment shall be upheld; (2) The original judgment has no errors in the determination of the facts, but there is indeed an error in the application of the law. (If there is no error in the facts ascertained in the original judgment, but there is an error in the application of the law or the sentence is inappropriate, the sentence shall be changed; (3) If the facts found in the original judgment are unclear or the evidence is insufficient, the judgment may be changed after the facts are ascertained, or the original judgment may be revoked, After the first-instance People's Court makes a judgment on a case that has been remanded for retrial in accordance with the provisions of Item 3 of the preceding paragraph, and the defendant files an appeal or the People's Procuratorate files a protest, the second-instance People's Court shall make a judgment in accordance with the law or It was ruled that the case shall not be remanded to the People's Court of First Instance for retrial.