A criminal lawyer refers to a lawyer whose main business is to provide legal services for criminal cases. In criminal cases, criminal lawyers can defend their agents professionally according to the relevant cases and other relevant evidence materials learned from criminal suspects, which can effectively safeguard the vital interests of the parties.
Lawyers' involvement in criminal cases can be divided into three stages, namely, criminal investigation stage, examination and prosecution stage and public prosecution trial stage.
In the criminal investigation stage, it is still necessary to apply to the criminal investigation department, which will arrange a meeting within 48 hours. The investigation department may decide whether to send personnel to the scene according to the circumstances of the case, but lawyers involved in criminal cases involving state secrets should be approved by the investigation department at this stage. However, in practice, due to the need of case investigation, the investigation department has always held an opposing attitude towards lawyers meeting criminal suspects. The so-called 48-hour time limit is like a piece of waste paper.
Lawyers in the stage of examination and prosecution and the stage of public prosecution and trial can meet with criminal suspects and defendants at any time during working hours without applying to judicial organs in advance.
Investigation stage
1, the criminal lawyer went to the investigation organ to find out what the criminal suspect was accused of;
2. Meet with the criminal suspect in custody and provide legal aid to the criminal suspect;
3, on behalf of the criminal suspect to lodge a complaint and report;
4. Put forward bail pending trial for the criminal suspect.
Review and prosecution stage
1, the criminal lawyer met with the criminal suspect in custody to understand the case;
2. Consult, extract and copy the litigation documents and technical appraisal materials in this case;
3. Apply for bail pending trial, and ask for cancellation or change of compulsory measures;
4, apply to the people's Procuratorate to provide witnesses or other relevant units and individuals to collect and obtain evidence, investigate and collect materials related to the case;
5. Put forward a written defense opinion that the criminal suspect is innocent, the crime is light, or his criminal responsibility is reduced or exempted;
Trial stage
1, criminal lawyers go to the people's court to consult, extract and copy the case materials;
2. Meeting with the accused in custody;
3. Investigate and collect evidence related to the case according to law;
4. Participate in court investigations and court debates and submit written defense opinions.
5. Listen to the defendant's opinions on the judgment and give legal help.
Most people who have never hired a lawyer do not fully understand the work and role of lawyers in criminal cases. At the same time, due to the defects of relevant laws in China, the lag of law popularization, and more importantly, some corrupt elements in the public sector resist and falsely induce lawyers, many people have doubts about the work and role of lawyers. When handling criminal cases, we often hear the family members of the parties say: What's the use of asking a lawyer? Guilt or innocence is not our requirement! This statement has greatly damaged the work and interests of lawyers in criminal cases. More importantly, because the family members believe this statement, they put their hopes entirely on these people and missed the opportunity, which greatly affected the protection of criminal suspects. At the same time, they may be deceived and put a lot of hard-earned money into these people's pockets in vain.