For the general public, they will encounter legal problems more or less. It is necessary to hire a lawyer if you encounter some difficult problems that you can't solve by yourself.
First, how do criminal lawyers investigate and collect evidence
1. Paragraph 1 of Article 37 of the Criminal Procedure Law stipulates: "With the consent of witnesses or other relevant units and individuals, defense lawyers may collect materials related to this case from them, apply to the people's procuratorate or people's court to collect and obtain evidence, or apply to the people's court to notify witnesses to testify in court." The second paragraph stipulates: "With the permission of the people's procuratorate or the people's court, and with the consent of the victim or his close relatives or witnesses provided by the victim, the defense lawyer may collect materials related to the case from them."
2. Article 15 of the Provisions on Several Issues in the Implementation of the Criminal Procedure Law further clarifies the provisions in the first paragraph: "If a defense lawyer applies to a people's procuratorate or a people's court for the collection and collection of evidence, and the people's procuratorate or the people's court deems it necessary to investigate and collect evidence, the people's procuratorate or the people's court shall collect and collect evidence, and shall not issue a decision allowing the investigation to the lawyer, so that the lawyer can collect and collect evidence."
3. The provisions of the Supreme Court's Interpretation on Several Issues Concerning the Implementation of the Criminal Procedure Law are further clarified. Article 43 stipulates: "If a defense lawyer applies for collecting materials related to this case from the victim, his close relatives and witnesses provided by the victim, the people's court shall grant it and issue an investigation permit if it deems it necessary." Article 44 stipulates: "When a defense lawyer collects and retrieves materials related to this case from a witness or other relevant units or individuals, he applies to the people's court for collection and retrieval because the witness, relevant units or individuals do not agree. If the people's court deems it necessary, it shall agree. " Article 45 stipulates: "A defense lawyer directly applies to the people's court to collect and obtain evidence. If the people's court considers it inappropriate or impossible to collect and obtain evidence from witnesses or other relevant units or individuals, it shall agree. When the people's court collects and obtains evidence according to the application of the defense lawyer, the applicant may be present. "
Second, is it necessary to hire a lawyer in criminal incidental civil litigation?
Lawyers play a great role in criminal incidental civil litigation, and it is better to hire lawyers. According to the relevant provisions of the Criminal Procedure Law and the Lawyers Law, criminal lawyers can provide the following legal aid to the parties involved in criminal incidental civil litigation, among which they act as the litigation agent of the plaintiff in incidental civil litigation:
1. The attorney shall write an incidental civil complaint on behalf of the client, and may suggest the client to file a separate civil lawsuit for the incidental civil lawsuit that the people's court decides not to file.
2. Guide and assist the client to collect evidence, conduct investigation and apply for identification.
3. When an incidental civil action is filed, the attorney may suggest or assist the client to apply to the people's court for sealing up or distraining the defendant's property.
4. The attorney should pay attention to and inform the client that if he refuses to appear in court without justifiable reasons after being summoned twice by the people's court, or withdraws from court without the permission of the court, it will lead to the result of automatic withdrawal of the lawsuit.
5. The lawyer shall instruct the client to participate in mediation and prepare the mediation plan.
6. If the plaintiff refuses to accept the judgment or ruling of first instance with incidental civil action, the attorney shall assist him to file an appeal.
Third, what if you can't afford a lawyer?
Legal aid can be obtained in accordance with state regulations.
1. If a citizen fails to entrust an agent or defender due to financial difficulties, he may apply for legal aid or be appointed by the people's court to defend the following matters:
(1) Request state compensation according to law;
(2) Requesting social insurance benefits or minimum living security benefits;
(3) requesting the payment of pensions and relief funds;
(4) Requesting to pay alimony, alimony and alimony;
(5) Requesting payment of labor remuneration;
(six) to claim the civil rights and interests arising from the courageous behavior.
2, criminal proceedings in any of the following circumstances, citizens can apply for legal aid to legal aid institutions:
(1) The criminal suspect fails to hire a lawyer due to financial difficulties after being interrogated for the first time by the investigation organ or since the date when compulsory measures are taken;
(2) 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;
(three) since the case of private prosecution was accepted by the people's court, the private prosecutor and his legal representative have not entrusted an agent ad litem due to financial difficulties.
To sum up, lawyers can consult, extract and copy the materials of criminal facts accused in this case from the date when the people's court accepts the case, and can meet and correspond with the defendant in custody. I hope the above contents are helpful.
Legal objectivity:
Article 39 of the Criminal Procedure Law stipulates that defenders have the right to apply to the people's procuratorate and the people's court for obtaining the evidence materials collected by the public security organs and the people's procuratorate to prove the innocence or light guilt of the criminal suspect or defendant, which have not been submitted in the process of investigation, examination and prosecution. Article 40 stipulates that if the evidence collected by the defender shows that the criminal suspect is not at the scene of the crime, has not reached the age of criminal responsibility, and belongs to a mental patient who is not criminally responsible according to law, he shall promptly inform the public security organ and the people's procuratorate. Article 41 stipulates that with the consent of witnesses or other relevant units and individuals, defense lawyers may collect materials related to the case from them, apply to the people's procuratorate or the people's court to collect and obtain evidence, or apply to the people's court to notify witnesses to testify in court. With the permission of the people's procuratorate or the people's court, and with the consent of the victim or his close relatives or witnesses provided by the victim, the defense lawyer may collect materials related to the case from them. Compared with the old criminal procedure law, the new criminal procedure law has no breakthrough in lawyers' right to investigate and collect evidence in the investigation stage. However, what we need to pay attention to is that Article 35 of the new Criminal Procedure Law stipulates that the defender's responsibility is to put forward materials and opinions that the criminal suspect or defendant is innocent, the crime is light or the criminal responsibility is reduced or exempted according to facts and laws, and to safeguard the litigation rights and other legitimate rights and interests of the criminal suspect or defendant. Article 40 stipulates that if the evidence collected by the defender shows that the criminal suspect is not at the scene of the crime, has not reached the age of criminal responsibility, and belongs to a mental patient who is not criminally responsible according to law, he shall promptly inform the public security organ and the people's procuratorate. According to the above regulations, we can know that: 1. The materials presented by the defender should be interpreted as evidence. There is no restriction on the handling stage of criminal cases here, that is, if the defense lawyer finds evidence beneficial to the criminal suspect in the investigation stage of the case, he can also collect it. This provision is confirmed in article 40. 2. In other words, defense lawyers can collect evidence of criminal suspects such as mental patients who are not at the scene of the crime, have not reached the age of criminal responsibility, and are not criminally responsible according to law. 3. The new Criminal Procedure Law stipulates: Article 33 A criminal suspect has the right to entrust a defender from the day when he is interrogated for the first time by the investigation organ or takes compulsory measures; During the investigation, only lawyers can be entrusted as defenders. Since the law gives lawyers the status of defenders in the investigation stage, and the right of investigation and evidence collection is one of the important connotations of the right of defense, defense lawyers should obtain independent right of investigation and evidence collection as long as it does not affect the normal investigation activities of investigation organs, so as to safeguard judicial justice to the maximum extent and ensure that criminal suspects are properly prosecuted by law.