Legal subjectivity:
(1) The role of lawyers in the investigation stage: 1. Lawyers can meet with criminal suspects, inform family members of their concerns, and ease the suspect’s anxiety. Give psychological comfort. At the beginning of many people's personal freedom being restricted, their living environment, social status, and psychological pressure suddenly changed. Many people couldn't bear it. Under poverty, some things happened that shouldn't happen. 2. When a lawyer meets with a criminal suspect, he can explain to the criminal suspect the alleged crime and relevant legal knowledge. Let criminal suspects have a clear understanding of the dilemma they face and know what to do and what not to do. 3. When a lawyer meets with a criminal suspect, he or she can learn from the criminal suspect clues about his innocence or minor crime, help to fix strong evidence, and prepare for a successful defense in the future. Evidence is in danger of being lost at any time, and a moment of carelessness may result in beneficial evidence never being obtained. 4. Lawyers meeting criminal suspects can avoid the occurrence of torture and extorting confessions to the greatest extent. Although the legal environment in our country is improving day by day, the phenomenon of extorting confessions through torture still occurs from time to time, and tragedies have even occurred in which people were beaten to death or maimed to death. If torture occurs, a lawyer can intervene and file a complaint or complaint on behalf of the criminal suspect, thus effectively reducing the occurrence of this situation. 5. By meeting with criminal suspects, lawyers can help criminal suspects correctly understand their behavior, facilitate opportunities to make meritorious deeds, and thereby reduce punishment. 6. During the investigation stage, lawyers can help criminal suspects apply for bail pending trial based on the case circumstances, thereby resolving the crisis; 7. With the revision of the Criminal Procedure Law, lawyers will also increase the number of on-site inquiries to better protect criminal suspects. legitimate rights and interests. (2) The role of lawyers in the review and prosecution stage: 1. Meet with the criminal suspect and provide the criminal suspect with the above-mentioned assistance in the investigation stage, such as being released on bail pending trial, etc. 2. Lawyers can learn more about the relevant case details from the procuratorate’s review agency, including reading or copying the identification technical materials involved in the case, prosecution opinions, etc.; 3. Lawyers can submit to the procuratorate whether the suspect is innocent or guilty based on the learned case facts. If the prosecutor's office adopts the lawyer's opinion, it may result in the case being sent back for supplementary investigation or not being prosecuted. Failure to prosecute means that the criminal suspect is acquitted early. 4. Even if the above purpose cannot be achieved, lawyers can exchange their views on the case with the prosecutors during the review and prosecution stage, so that they can understand the prosecutor's charging ideas and make more adequate preparations for a successful defense. (3) The role of the lawyer at the trial stage: 1. Meet with the criminal suspect, learn about the evidence and clues that the criminal suspect (called the defendant at this stage) is guilty of, and collect evidence for the defendant that is minor or innocent; 2. Meet with the presiding judge, read and copy the case file materials accusing the defendant of guilt; 3. Meet with the defendant, exchange opinions with the defendant on the lawyer's preliminary defense views; teach the defendant the trial procedures and matters that should be paid attention to during the trial. , if necessary, do some cross-examination drills so that you can cooperate appropriately in the court and strive for the best trial effect. 4. Study the case carefully and make full preparations for the trial. Recruit well-known domestic criminal experts to provide authoritative opinions to support the defense point of view on major problems; when necessary, invite influential media to supervise and appeal to ensure a fair trial; 5. Respond to the trial carefully, fully explain the defense reasons, and explain the case with emotion , move with reason. Try your best to win the judge's recognition of the defense point of view; 6. Prepare the defense statement carefully and persuade the judge in writing again to make a judgment that is favorable to the defendant; influence the judge's point of view in a legal way and through various channels; 7. Receive the first instance notice After the judgment is issued, meet with the defendant in a timely manner, inform the defendant of the advantages and disadvantages of the judgment, and make reasonable suggestions as to whether the judgment is above or not; 8. If the defendant requests an appeal, help the defendant appeal.
(4) The role of the defense lawyer in the second trial: 1. Review the trial materials of the first trial, review the first trial defense plan and defense viewpoints, and re-formulate defense ideas; 2. Meet with the defendant, exchange gains and losses in the first trial and second trial defense ideas, and understand what has not been discovered yet 3. Actively communicate with the second-instance judge about the case's views and strive to facilitate the second-instance trial (second-instance cases are usually heard in writing, which deprives the defendant of his litigation rights to a certain extent); 4. Prepare carefully and actively respond to court debates; 5. Prepare defense statements carefully and influence the judge to change the verdict in various ways; 6. After receiving the second instance judgment, meet with the defendant, analyze the pros and cons of the judgment, and lead the defendant to correctly understand the verdict of the judgment. If the defendant requests a complaint, actively help the defendant to make a complaint. (5) The role of the lawyer in representing the appeal: 1. Meet with the complainant, read the case file materials, fully understand the case, put forward appeal ideas for the effective judgment, and solicit the complainant’s opinions; 2. Carefully prepare the complaint materials, submit them to the relevant authorities, and submit them to the relevant authorities. Within the legal scope, multiple parties seek to influence the filing of complaints. The appeal materials are very critical. Appeals do not require a trial process, and the probability of filing a case is very small. If the appeal materials are unsuccessful, you will not be able to enter the appeal process at all. 3. After entering the trial process, the representation work of the appeal lawyer is similar to that of the first-instance defense lawyer. Finally, the successful defense of the defense lawyer during the death penalty review stage will be the defendant's last chance of survival. Is it necessary to hire a lawyer in a criminal case? The answer is yes, but the law does not stipulate that a lawyer must be hired at this time, so the final decision on whether to hire a lawyer still rests with the parties. And if you choose to hire a lawyer, you must also figure out how to hire a lawyer in advance, so that you can provide substantial help for the case.