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Anonymous users2024-02-06Cases related to criminal law.
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Anonymous users2024-02-05Legal analysis: In criminal cases, the role of lawyers is very large, and it is very necessary to hire professional criminal defense lawyers to provide assistance for criminal suspects or defendants. During the investigation phase, the lawyer may meet with the criminal suspect to alleviate the suspect's anxiety and provide psychological comfort; Explain to the criminal suspect the crime he is suspected of and the relevant legal knowledge, so that the criminal suspect knows whether he has committed a crime or the consequences he may face; Minimize the occurrence of torture to extract confessions; Depending on the circumstances of the case, the criminal suspect may also be helped to apply for release on bail pending further investigation.
At the level of review for prosecution, the procuratorate's review organ can gain a deeper understanding of the relevant case facts, including consulting or copying all case file materials involved in the case, and submitting to the procuratorate defense opinions on the criminal suspect's innocence, the severity of the crime, and the guilt of one crime and the other. During the trial phase, the lawyer may meet with the defendant to learn about and collect evidence and clues on whether the crime is minor or innocence; may meet with the presiding judge to access and copy case file materials accusing the defendant of guilt; Carefully study the facts of the case, fully conduct court debates, etc.
Legal basis: "Criminal Procedure Law of the People's Republic of China" Article 38: Defense lawyers may provide legal assistance to criminal suspects during the investigation; **Complaints, accusations; apply for a modification of the compulsory measure; Learn from the investigating organs about the criminal suspect's alleged crimes and the relevant circumstances of the case, and submit opinions.
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Anonymous users2024-02-04"A criminal lawyer refers to a lawyer whose main business is to provide legal services in criminal cases. In criminal cases, criminal lawyers can professionally defend the criminal suspect in accordance with the law and professionally based on the relevant case circumstances and other relevant evidence materials learned from the criminal suspect, which can effectively protect the vital interests of the parties. ”
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Anonymous users2024-02-03Difference between civil and criminal administration:
(1) The purpose of the lawsuit is different
What administrative litigation seeks to resolve is the legality and correctness of the specific administrative acts of state administrative organs;
Criminal proceedings deal with the question of whether and what crime the person suspected of committing the crime has actually committed and what punishment should be imposed.
(2) The subject of the lawsuit is different
In a civil lawsuit, both parties can file a lawsuit, and after the plaintiff sues, the defendant can counterclaim;
An administrative lawsuit can only be filed by the counterpart of the administrative management, and the administrative organ is always in the position of a defendant and cannot make a counterclaim;
In criminal proceedings, except for private prosecutions in which the private prosecutor initiates litigation, the people's procuratorate initiates public prosecutions. (3) The burden of proof is different.
In civil litigation, whoever asserts rights is responsible for adducing evidence;
In administrative litigation, only the defendant (administrative organ) bears the burden of proof
In criminal proceedings, the public prosecutor has the burden of providing evidence of the defendant's guilt and proving it, and the defendant does not bear the burden of proof, but may defend himself by presenting materials that his guilt is minor or innocent. (4) The applicable laws are different.
Nanjing Guansu Law Firm is a comprehensive law firm, with directors specializing in criminal law and senior partners with experience in civil and administrative matters.
The General Principles of the Civil Law and the Civil Procedure Law are mainly applicable to civil litigation: administrative laws, regulations and the Administrative Procedure Law are mainly applicable to administrative litigation; Criminal proceedings are mainly governed by the Penal Code and the Code of Criminal Procedure.
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Anonymous users2024-02-02A defense lawyer can provide legal assistance to a criminal suspect during the investigation; You can ** complain and accuse; apply for a modification of the compulsory measure; Inquire from the investigating organs about the crimes that the criminal suspect is suspected of and the relevant circumstances of the case, and may submit relevant opinions. They may meet and communicate with criminal suspects or defendants in custody. Then the lawyer can meet with the criminal suspect, and the detention center should arrange the meeting in a timely manner.
When a defense lawyer meets with a criminal suspect in custody, he or she may learn about the circumstances of the case and provide legal advice on the law and the law. Relevant evidence may be verified from criminal suspects or defendants. From the date on which the people's procuratorate reviews the case for prosecution, it may consult, copy, or reproduce the case file materials. Article 34 of the Criminal Procedure Law A criminal suspect has the right to retain a defender from the date of his first interrogation or compulsory measures taken by the investigating organ; During the investigation, only a lawyer can be appointed as the defender.
The defendant has the right to retain a defender at any time. When the investigating organs interrogate a criminal suspect for the first time or employ compulsory measures against the criminal suspect, they shall inform the criminal suspect that he or she has the right to retain a defender. Within 3 days of receiving the case materials transferred for review for prosecution, the people's procuratorate shall inform the criminal suspect that he or she has the right to retain a defender.
Within 3 days of accepting the case, the people's court shall inform the defendant that they have the right to retain a defender. Where a criminal suspect or defendant requests to retain a defender while in custody, the people's courts, people's procuratorates, and public security organs shall promptly convey their request. Where a criminal suspect or defendant is in custody, his guardian or close relatives may also be appointed as a defender on his behalf.
After the defender accepts the retention of the criminal suspect or defendant, he shall promptly inform the organ handling the case.
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Anonymous users2024-02-01The role of the lawyer in the investigation phase is as follows:
1. Meet with the criminal suspect and provide the criminal suspect with the above-mentioned assistance in the investigation stage;
2. The lawyer can have an in-depth understanding of the relevant case from the procuratorate's review organ;
3. The lawyer may submit to the procuratorate a defense opinion on the criminal suspect's innocence, the severity of the crime, and the compatibility between this crime and the other crime based on the facts of the case.
Article 96 of China's Criminal Procedure Law stipulates that after a criminal suspect is interrogated for the first time by the investigating organ or on the date on which compulsory measures are taken, the entrusted lawyer may meet with the criminal suspect in custody. Lawyers meet with criminal suspects in custody, and the investigating organs may appoint personnel to be present based on the circumstances and needs of the case.
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Anonymous users2024-01-31Criminal case lawyers can do: during the investigation stage, they can meet with the criminal suspect, learn about the case and the relevant circumstances of the investigation with the investigating organs, and report the situation to the investigating organs; During the review for prosecution phase, the case file and relevant evidence records may be consulted and the procuratorate may be reported; During the trial phase, they may serve as the defendant's defender, exercising their right to defend in accordance with law; After the judgment takes effect, appeals may be made in accordance with law on the basis of the defendant's authorization.
Article 34 of the Criminal Procedure Law A criminal suspect has the right to retain a defender from the date of his first interrogation or compulsory measures taken by the investigating organ; During the investigation, only a lawyer can be appointed as the defender. The defendant has the right to retain a defender to return to the lawsuit at any time. When the investigating organs interrogate a criminal suspect for the first time or employ compulsory measures against the criminal suspect, they shall inform the criminal suspect that they have the right to retain a defender.
Article 40: Defense lawyers may consult, copy, and reproduce case file materials from the date on which the people's procuratorate reviews the case for prosecution. With the permission of the people's courts and people's procuratorates, other defenders may also consult, copy, or reproduce the materials described above.
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