1. What are the materials of criminal lawyers?
1, notice of detention or arrest
When a relative entrusts a lawyer, he will give the detention notice or arrest notice directly to the entrusted lawyer, so that the lawyer can grasp the crime of the suspect or defendant. For example, if you are caught gambling online, is it a common gambling crime or a casino crime? The latter is much more serious than the former. Of course, the absence of a detention notice or an arrest notice does not affect the entrusted defense lawyer, but once there is one, you must bring it with you when you see a lawyer, because the client has not studied law after all, and it is impossible to distinguish this crime from that.
2. Customer's ID card and household registration book
The client's ID card is necessary, which involves the registration procedure of the law firm. I don't know the identity of the client. Which institution dares to sign the entrustment contract at will, and it is a sensitive criminal case? Identity card is an important document for people at present, especially when handling criminal cases. In some places, detention centers must read the household registration book, because the new criminal procedure law stipulates that only relatives can entrust defense lawyers, so even if you want to help your friend, you should bring his relatives when entrusting lawyers. Hukou book is the best proof of kinship. Just take Hukou book to see a lawyer.
3. The name and office telephone number of the researcher.
In the investigation stage of Qingdao No.1 Detention Center, when the lawyer meets for the first time, the detention center asks for the name and contact information of the case-handling personnel, and then the investigators will contact the case-handling personnel to ask whether the meeting is allowed. Without the names and contact information of the investigators, the detention center is not allowed to meet and it is not convenient to run errands. Therefore, before meeting the lawyer, relatives should go to the public security organ to find out the name and telephone number of the policeman, which is also convenient for the lawyer to meet the suspect or defendant as soon as possible.
4. Money and clothes
The money referred to here is not only the lawyer's defense fee, but also the living expenses of the criminal suspect. Because the family members come from afar and don't know where the detention center is, they can go to the detention center with their lawyers, saving the money and clothes needed by the suspects and a lot of trouble.
Second, how long is the retrial period of criminal cases?
According to Article 10 of the Supreme People's Court's Opinions on Standardizing the Work of Filing a Case for Retrial in People's Courts (for Trial Implementation), the people's courts shall accept the appeal filed by the complainant in criminal cases within two years after the execution of the penalty; If the complaint time exceeds two years, it shall be accepted under any of the following circumstances:
1, the defendant in the original trial may be acquitted;
2. The defendant in the original trial filed a complaint with the people's court within the time limit stipulated in this article, and the people's court refused to accept it;
3. The people's court shall not accept cases that are difficult, complicated or significant and do not conform to the provisions of the preceding paragraph.
3. What cases need retrial in criminal proceedings?
(1) The trial of first instance shall be held in court.
(2) Cases that should be heard in the second instance: the defendant, the private prosecutor and their legal representatives have objections to the factual evidence ascertained in the first instance, which may affect conviction and sentencing. Cases of private prosecution in which the defendant was sentenced to death, cases protested by the people's procuratorate, other cases that should be heard in court, and cases that may not be heard in court in second instance:
1. If the people's court of second instance considers that the facts of the original judgment are unclear and the evidence is insufficient, and it is necessary to send it back for retrial, it may not hold a hearing.
2. If there is a tendency of illegal litigation as stipulated in Article 227 of the Criminal Procedure Law and it is necessary to send it back for retrial, the trial may not be held.
(three) the trial supervision procedure, the circumstances in which the trial should be held:
1, according to the procedure of first instance.
2. Listen to factual evidence according to the needs of second instance.
3, the people's Procuratorate in accordance with the trial supervision procedures to protest.
4. The punishment of the original judgment may be aggravated.
5. There are other circumstances that should be heard in court.
The above is the relevant content of the criminal litigation lawyer information compiled for you. We can know that it is essential to bring the identity card and household registration book of the party concerned, as well as the investigator's name, office phone number and notice of detention or arrest. If you have any other questions, please consult a lawyer.