Question 34: How do lawyers represent criminal suspects and their relatives to complain and accuse?

How do lawyers represent the complaints and accusations of criminal suspects and their relatives? a: first, when acting as an agent, a lawyer should include relevant facts in the complaint or complaint. however, it should be noted that the lawyer's complaint and complaint must be submitted to the superior organ of the public security organ, the application control department of the procuratorial organ, the procuratorial organ at the next higher level and other organs that have the right to accept according to law in strict accordance with the law. Second, in the content of the accusation or accusation, it reflects the complaints of the parties, and often does not form a definite fact. For example, the criminal suspect reported being beaten by the case-handling personnel. As a lawyer, it is difficult to verify these problems. Therefore, when acting as an agent to accuse and report, we can only put forward that "according to the criminal suspect's report that he was illegally interrogated, if the situation is true, it will constitute illegal evidence collection, and the legality and objectivity of the relevant confession thus obtained are in doubt and require correction." Of course, whether the complaint is true or not needs to be determined by the judiciary, so the opinions reflected by lawyers must be fair, not what the criminal suspect complains about. Lawyers should take it as a fact, or judge it from the perspective of a legal person and an independent third party, so that the judiciary can feel that the role played by lawyers is positive, not biased.

In addition, lawyers can also help criminal suspects and their families to write complaints and accusations on their behalf, but the contents must not involve cases that lawyers know as defenders, such as confessions and excuses of defendants, cases introduced by case-handling organs, etc. Because the lawyer is complaining and accusing in the name of the family at this time, the family has no way to understand the relevant case. If you don't pay attention, it will become evidence for lawyers to reveal state secrets, which is very risky. Therefore, the power of attorney is limited to family members, and lawyers can work hard on the legal basis and wording.

In the same way, the accusation and accusation materials provided to the relevant departments in the name of lawyers cannot be shown to family members, because related cases are involved here, and the investigation of the cases belongs to state secrets and cannot be disclosed. Therefore, we should take precautions against risks.