The defense lawyer can tell the suspect's family the contents of the marking, but he can't reveal the secret of the trial.
The defense lawyer shall carefully study all the files, and make marking records or file summaries according to the needs of the case. When grading, we should focus on the following items:
1 and other basic information, personal information of criminal suspects and defendants;
2. Statutory and discretionary circumstances that may affect the time, place, motivation, purpose, means and consequences of conviction and sentencing of suspects and defendants;
3. Facts and materials of innocence and guilt of criminal suspects and defendants;
4. The identity, qualification or qualification of the inspector, appraiser and producer of the inspection record;
5. Basic information such as personal information of the victim;
6, check and review the legal procedures and litigation documents during the prosecution is legal and complete;
7. Determine the source of materials, appraisal opinions and reasons, and whether the appraisal institution has appraisal qualifications, etc. ;
8. Relevant information of criminal suspects and defendants;
9, according to the authenticity, legitimacy and relevance, contradictions and doubts between the evidence;
10, whether it can prove the criminal facts suspected or accused in the prosecution opinion and indictment;
1 1, there is illegal evidence collection.
1. Can lawyers of victims of criminal cases read newspapers?
The victim's lawyer can read the papers, and the defense lawyer can consult the litigation documents and technical appraisal materials from the date when the people's procuratorate examines and files the case. The defense lawyer can meet with the criminal suspect and meet or correspond with him.
The victim's lawyer can read the papers, and the defense lawyer can consult, extract and copy the litigation documents and technical appraisal materials in this case from the date when the people's procuratorate examines and files the case, and can meet and communicate with the prisoners. Other defenders, with the permission of the People's Procuratorate, may also consult, extract and copy the above-mentioned materials, and meet and correspond with criminal suspects in custody.
2. Can a lawyer meet the suspect?
Of course. Article 39 of the Criminal Procedure Law: A defense lawyer may meet and correspond with a criminal suspect or defendant in custody. Other defenders, with the permission of the people's courts and people's procuratorates, may also meet and correspond with criminal suspects and defendants in custody. If a defense lawyer holds a lawyer's practice certificate, a law firm's certificate, a power of attorney or a letter of legal aid to ask for a meeting with the criminal suspect or defendant in custody, the detention center shall arrange the meeting in time, which shall not exceed 48 hours at the latest. In criminal cases endangering national security and terrorist activities, defense lawyers should obtain permission from the investigation organ when meeting with the criminal suspect in custody during the investigation. The investigation organ shall notify the detention center of the above situation in advance.
Third, what can lawyers do in the investigation stage?
Lawyers' rights in the investigation stage: they can provide legal assistance to criminal suspects. Acting as an agent for complaints and accusations. Apply for change of compulsory measures. Asking the investigation organ about the charges charged by the criminal suspect and the relevant situation of the case. Give an opinion. You can meet and correspond with criminal suspects and defendants in custody.
I hope the above content can help you. If in doubt, please consult a professional lawyer.
Legal basis:
Article 14 of the Provisions of the People's Procuratorate on Safeguarding Lawyers' Practicing Law in Criminal Proceedings
As agents ad litem, defense lawyers and lawyers entrusted by the victims and their legal representatives or close relatives may consult, extract and copy the litigation documents and technical appraisal materials of this case from the date when the people's procuratorate examines and prosecutes the case.
Article 38 of the Criminal Procedure Law
The rights of defense lawyers during investigation, and defense lawyers can provide legal aid to criminal suspects during investigation; Acting as an agent for complaints and accusations; Apply for changing compulsory measures; Ask the investigation organ about the crimes and cases suspected by the criminal suspect, and put forward opinions.
Article 16 1
Listen to the lawyer's opinion, and if the defense lawyer makes a request before the investigation of the case is completed, the investigation organ shall listen to the defense lawyer's opinion and record it. If a defense lawyer puts forward a written opinion, it shall attach a volume.