First, the role of lawyers in the investigation stage.
In the investigation stage, the investigation organ mainly obtains and fixes relevant evidence through investigation to prove all the facts related to conviction and sentencing, and puts forward prosecution opinions to the procuratorial organ at the end of investigation. At the same time, take corresponding compulsory measures against criminal suspects.
According to Article 36 of the Criminal Procedure Law: "Defense lawyers can provide legal assistance to criminal suspects during investigation; Acting as an agent for complaints and accusations; Apply for changing compulsory measures; Learn from the investigation organ about the crimes and cases suspected by the criminal suspect and put forward opinions. " The work of defense lawyers in the investigation stage mainly includes two aspects: first, providing legal assistance to criminal suspects, acting as agents to appeal, accuse and apply for changing compulsory measures. The second is to ask the investigation organ about the charges charged by the criminal suspect and the relevant situation of the case, and put forward the lawyer's opinion. The lawyer's opinion shows that the lawyer's right of defense has advanced to the investigation stage, which also means that the lawyer began to exercise the defense function independently in the investigation stage. The lawyer's opinion is the most important work of lawyers in the investigation stage, which includes both the lawyer's opinion to the procuratorate on whether the criminal suspect meets the conditions for arrest (those who have been arrested can apply to the procuratorate for a review of the necessity of detention) and the lawyer's opinion to the investigation organ on the evidence beneficial to the criminal suspect that should be collected before the investigation is over. Because the investigation organs often pay more attention to the collection of evidence to prove the guilt of criminal suspects in the investigation stage, and often ignore the evidence of innocence and light crime, it is particularly important to have targeted lawyer opinions.
Second, review the role of lawyers in the prosecution stage.
Review and prosecution refers to the litigation activities in which the people's procuratorate examines and verifies the criminal facts and evidence, the nature of the crime and the charges confirmed by the investigation organ, so as to determine whether the criminal case concluded by investigation should be prosecuted at the prosecution stage, and make a decision on handling it. The people's procuratorate decides whether to prosecute or not according to the facts ascertained in the investigation stage.
According to Article 170 of the Criminal Procedure Law, people's procuratorates should listen to the opinions of defenders when examining cases. Therefore, the lawyer's work at this stage mainly focuses on whether the evidence of conviction and sentencing is true and sufficient, whether the evidence beneficial to the criminal suspect is omitted (the crime is light and innocent), whether it is necessary to collect new evidence, and whether the case meets the conditions of non-prosecution.
Third, the role of lawyers in the trial stage.
Criminal trial means that the people's court hears criminal cases submitted for trial in accordance with legal procedures with the participation of both the prosecution and the defense and other litigation participants, and finds out the facts of the case and makes a judgment according to law through investigation and verification of evidence and debate between the prosecution and the defense.
The role of defense lawyers is mainly to know all the facts of the case, defend the court, express cross-examination opinions, debate controversial facts and the application of the law, and put forward defense opinions by meeting the defendant and reading all the files.
Lawyer's tip: For the lawyer's defense work, meeting the defendant, applying for bail pending trial and appearing in court for defense are only means, with the purpose of safeguarding the legitimate rights and interests of the defendant according to law. We often pay attention to lawyers' participation in court defense, but ignore the importance of lawyers in the investigation stage and the review and prosecution stage. Therefore, for criminal cases, the early intervention of lawyers can often play a greater role, and even have a substantial impact on the direction of the case.