Lawyers must first defend their innocence. It is necessary to consult the case file and understand the facts of the case, which is the prerequisite for a innocence defense and must be done carefully and carefully;
For cases with complex circumstances, lawyers must read the piles of materials in the case file carefully. Lawyers must read piles of case file materials carefully. They can first read through them roughly to find out the key points and doubtful points, and then excerpt or copy them. If necessary, they can make a list of verbal evidence for comparison;
Secondly, check carefully Relevant legal basis to find out the legal basis for the defender’s innocence or non-criminal responsibility.
Legal Basis
"People's Law of the People's Republic of China" and "National Civil Procedure Law"
Article 56: Subject matter of litigation between the parties , if a third party believes that it has an independent right to claim, it has the right to file a lawsuit;
As for the subject matter of the litigation between the parties, the third party does not have an independent right to claim, but the outcome of the case is legally inconsistent with itself. Stake. You can apply to participate in the litigation or be notified by the People's Court to participate in the litigation. The third party who is judged to bear civil liability by the people's court shall enjoy the rights and bear the obligations of the litigant;
The third party specified in the preceding two paragraphs did not participate in the litigation due to reasons that cannot be attributed to him/her. , but if there is evidence to prove that part or all of the legally effective judgment, ruling, or mediation document is erroneous and damages his or her civil rights and interests, he may file a complaint with the People's Court within six months from the date when he knew or should have known that his civil rights and interests were damaged. Appeal request. Within six months from the date when they know or should know that their civil rights and interests have been harmed, they shall file a lawsuit with the people's court that issued the judgment, ruling, or mediation document. After trial, if the People's Court considers that the litigation claim is established, it shall change or revoke the original judgment, ruling, or mediation document; if the litigation claim is not established, it shall dismiss the litigation claim. Article 264 Foreigners, stateless persons, foreign enterprises and organizations without domicile within the territory of the People's Republic of China shall entrust lawyers or other persons within the territory of the People's Republic of China to represent them in litigation;
From China A power of attorney sent or entrusted outside the territory of the People's Republic of China must be certified by the notary public of the country where it is located and authenticated by the embassy or consulate of the People's Republic of China in that country, or the certification procedures stipulated in the relevant treaty concluded between the People's Republic of China and that country must be fulfilled. takes effect later.