1. What preparations did the criminal lawyer make before the trial?
1. notify the parties three days before the court session and check the original evidence. Although a lawyer can appear in court as an agent on behalf of the client, it does not rule out that the client wants to participate in the debate or want to sit in on the trial. Therefore, it is best to consult the client before the trial to avoid the client's opinion on the lawyer after the trial. If the parties do not participate in the trial, they shall contact the parties in advance to obtain the original evidence for cross-examination during the trial; If the parties want to attend the trial, they can be told to bring all the original evidence. For cases with complicated evidence, I still suggest that it is safer to check the original with the parties in advance.
2. Re-examine the evidence materials submitted by the other party and list the cross-examination opinions that the other party may put forward in court. Although our own evidence has been carefully considered at the time of filing, it does not rule out omissions, and some evidence itself is flawed. Before the trial, when you question the defects of evidence, you should prepare the other party's well-founded defense opinions. Don't be vague when you are questioned in court because you haven't prepared in advance. Although vague answers will not be evidence against you, they are not convincing enough.
3. Carefully examine each other's evidence and find out the loopholes. Questioning the defects of evidence may disturb the other party's position, and may also make the judge have biased opinions. Even if this opinion is not written in the judgment, it will become a useful link in the evidence chain. But when questioning, we should pay attention to it, and we must clearly understand that it directly points to a key link in the case. My fault is that I didn't speak thoroughly enough, and I still feel a little unfinished, just like scratching my boots, and I'm likely to be busy. Of course, sharpness is a skill that lawyers have to practice all their lives.
4. List the questions that the judge may ask during the trial, especially the key questions that cannot be directly proved by the evidence of both parties, and prepare answers according to the evidence materials of both parties. The questions raised by the judge in the investigation stage of the trial are not only the basis for the judge to write the judgment, but also represent the judge's tendentious opinions. In the former, for example, in a labor dispute case, the judge will ask the employee about the time of entry and departure, because he has to determine the working years to calculate the economic compensation or the amount of economic compensation. Prepare the answers to the questions that the judge may ask before the trial, and find out the relevant legal basis, so as to be slow and polite, and even if you meet a judge with a bad temper, you can be neither humble nor humble; Similarly, writing down the judge's inclination during the trial will also have a certain understanding of the judge's general trial thinking.
5. Consult all laws, regulations and judicial interpretations related to the case. Every sentence said in this way is well-founded, and at the same time, when receiving the rebuttal from the other party, you can calmly deal with it.
Second, the trial time of criminal cases
The normal trial period of the court of first instance (generally 2 months, not more than 3 months at the latest, except in special circumstances)
Article 202 of the Criminal Procedure Law stipulates: "When trying a case of public prosecution, the people's court shall pronounce a judgment within two months after accepting it, and no later than three months. For a case that may be sentenced to death or an incidental civil lawsuit, if one of the circumstances stipulated in Article 156 of this Law occurs, it may be extended for three months with the approval of the people's court at the next higher level; If it needs to be extended due to special circumstances, it shall be reported to the Supreme People's Court for approval. "
Article 156 of the Criminal Procedure Law stipulates: "If the investigation of the following cases cannot be concluded at the expiration of the time limit stipulated in Article 154 of this Law, it may be extended for two months with the approval or decision of the people's procuratorates of provinces, autonomous regions and municipalities directly under the Central Government:
(1) Major and complicated cases in remote areas with very inconvenient transportation;
(2) Major criminal group cases;
(3) Major and complicated cases of escaping crime;
(four) major and complex cases involving a wide range and difficult to obtain evidence. "
According to the above provisions, the general time limit for people's courts to hear cases of first instance should be three to six months.
In fact, lawyers basically have their own things to do after accepting the entrustment of the parties until the end of the trial. If a lawsuit has been filed now, the lawyer should also make final preparations before the trial. Especially when lawyers state their own defense opinions, they can't completely disrespect the criminal suspects' own ideas.