After sentencing, whether to apply for a reduction of sentence and whether to pay additional lawyer

It depends on whether the power of attorney stipulates that the lawyer provides services for applying for commutation, if it is not specified, the entrustment will end after the sentence is imposed, and the lawyer will need to pay additional fees to apply for commutation.

In general, it is not necessary to retain a lawyer when applying for commutation, and where the person serving the sentence meets the requirements for commutation, the enforcement organ is to submit a written recommendation for commutation to the people's court at the intermediate level or above. The people's court is to hear and rule on whether to approve a commutation.

Article 78 of the Criminal Law: [Conditions and Limits of Application]Criminals sentenced to controlled release, short-term detention, fixed-term imprisonment, or indefinite imprisonment may have their sentences commuted if they conscientiously abide by prison rules, accept education and reform, and truly show repentance and reform, or have meritorious service; Where there is any of the following major meritorious contributions, the sentence shall be commuted:

1) Obstructing the major criminal activities of others;

2) Reporting major criminal activities inside or outside the prison, which is verified to be true upon investigation;

3) There are inventions, creations, or major technological innovations;

4) sacrificing oneself to save others in daily production or life;

5) Outstanding performance in resisting natural disasters or eliminating major accidents;

6) Other major contributions to the state and society.

The actual sentence to be served after commutation must not be less than the following periods:

1) Where a sentence of controlled release, short-term detention, or fixed-term imprisonment is given, it must not be less than half of the original sentence;

2) Where a sentence of life imprisonment is given, it must not be less than 13 years;

3) Where people's courts restrict commutation of sentences in accordance with paragraph 2 of article 50 of this Law, and where the sentence is commuted to life imprisonment in accordance with law after the period of suspension is completed, it must not be less than 25 years, and where the sentence is commuted to 25 years imprisonment in accordance with law after the period of suspension is completed, it must not be less than 20 years.

Article 79: [Procedures]For commutation of criminals' sentences, the enforcement organ is to submit a written recommendation for commutation to the people's court at the intermediate level or above. The people's courts shall form a collegial panel to conduct trial, and rule to commute the sentence where there are truly facts of repentance and reformation or meritorious service. Sentences must not be commuted except through legally-prescribed procedures.

Commutation of sentence must meet certain legal requirements, and if the conditions are met, there is an enforcement organ, that is, a prison, to submit it to the people's court at or above the intermediate level, and it has nothing to do with the lawyer.

It is a separate case, and the charge issue will be negotiated separately.

According to the rules of the profession, the legal services provided by the lawyer to your friend should be terminated at the end of the case. In other words, you have paid 4,000 yuan, and the legal services of the lawyer you have received have ended.

In the process of applying for commutation, it is generally possible to obtain a commutation as long as the circumstances of commutation are met, and a lawyer is not necessarily required. But a lawyer is a professional legal worker, and knowing how to prepare documents will help you better fight for a reduced sentence.

A lawyer is required to be involved, and a new fee should be paid. However, since it is the same lawyer, the fee should be negotiable. If you have any questions, you can contact me for further communication.

Hiring a lawyer after committing a crime does not necessarily reduce the sentence, and whether or not to reduce the sentence depends on the court, not the lawyer's decision. However, hiring a lawyer has the following functions: 1. The role of a lawyer in the investigation stage:

When a lawyer meets with a criminal suspect, he or she may explain to the criminal suspect the charges and relevant legal knowledge. II. The role of lawyers in the review and prosecution stage: 1. Meet with criminal suspects and provide criminal suspects with the above-mentioned assistance in the investigation stage, such as release on bail pending trial.

2. Lawyers can have a deeper understanding of the relevant facts of the case from the procuratorate's review organs, including reading or copying the appraisal technical materials involved in the case, and the written opinions on the cancellation of the prosecution status. 3. The lawyer may submit to the procuratorate a defense opinion on the criminal suspect's innocence, the severity of the crime, and the guilt of one crime and the other crime based on the facts of the case that he has learned. Article 78 of China's Criminal Law stipulates:

Criminals sentenced to controlled release, short-term detention, fixed-term imprisonment, or life imprisonment may have their sentences commuted if they earnestly abide by prison rules, accept education and reform, and truly show repentance and reform, or have meritorious service; and where there is major meritorious service, the sentence shall be commuted. Commutation refers to criminal justice activities in which convicts who have been sentenced to controlled release, short-term detention, fixed-term imprisonment, or indefinite imprisonment in accordance with law have legally-prescribed commutation circumstances, and the organ responsible for enforcing the criminal punishment submits materials, and the people's court commutes the original sentence in accordance with law.

Legal Analysis: In general, it is not necessary to retain a lawyer when applying for commutation, and if the person serving the sentence meets the requirements for commutation, the enforcement organ is to submit a commutation recommendation to the people's court at the intermediate level or above. The people's court is to hear and rule on whether to approve a commutation.

Legal basis: "Provisions of the Supreme People's Court on the Specific Application of Law in Handling Commutation and Parole Cases" Article 3: "Truly showing repentance" refers to meeting the following conditions at the same time:

1) Confession of sin and repentance;

2) Comply with laws, regulations and supervision regulations, and receive education, reform, and erection;

3) Actively participate in ideological, cultural, vocational and technical education;

4) Actively participate in labor and strive to complete labor tasks.

Criminal Law of the People's Republic of China" Article 78: Criminals sentenced to controlled release, short-term detention, fixed-term imprisonment, or life imprisonment may have their sentences commuted if they conscientiously abide by prison rules, accept education and reform, and truly show repentance and reform, or have meritorious service; Where there is any of the following major meritorious contributions, the sentence shall be commuted:

1) Obstructing the major criminal activities of others;

2) Reporting major criminal activities inside or outside the prison, which is verified to be true upon investigation;

3) There is an invention or creation or a major technological innovation;

4) sacrificing oneself to save others in daily production or life;

5) Outstanding performance in resisting natural disasters or eliminating major accidents;

6) Other major contributions to the state and society.

Hiring a lawyer is not a necessary condition for commutation of sentence, and a lawyer can only try to defend in favor of the defendant during the course of the proceedings, but it is uncertain whether the sentence can be commuted as a result. Criminals sentenced to controlled release, detention or imprisonment may have their sentences commuted if they conscientiously abide by prison rules, accept education and reform, and truly show repentance and reform, or have meritorious service, during the period of enforcement; and where there is major meritorious service, the sentence shall be commuted.

Legal basis] Article 78, Paragraph 1 of the Criminal Law of the People's Republic of China.

Criminals sentenced to controlled release, short-term detention, fixed-term imprisonment, or indefinite imprisonment may have their sentences commuted if they earnestly abide by prison rules, accept education and reform, and truly show repentance and reform, or have meritorious service; Where there is any of the following major meritorious contributions, the sentence shall be commuted:

1) Obstructing the major criminal activities of others;

2) Reporting major criminal activities inside or outside the prison, which is verified to be true upon investigation;

3) There are inventions, creations, or major technological innovations;

4) sacrificing oneself to save others in daily production or life;

5) Outstanding performance in resisting natural disasters or eliminating major accidents;

6) Other major contributions to the state and society.

It is beneficial to hire a lawyer. The lawyer will do its best to help the client in terms of the circumstances of the crime and the attitude of admitting guilt, and strive for a lighter or commuted punishment.

Hiring a lawyer has the following benefits:

1. The lawyer can help the parties analyze the facts of the case and the pros and cons, provide constructive suggestions for the parties to make the most appropriate decisions, and remind the parties to take effective legal means in a timely manner. The rights and obligations of both parties to any dispute are antagonistic, and some of them are very obvious, some are more secretive, some are more direct, and some are more indirect. For the more secret, more indirect rights and obligations, for the parties who are not legal professionals are relatively difficult to know, and a lawyer who is familiar with the law and familiar with the litigation procedures can help the parties analyze the facts of the case, what kind of legal means can be adopted and the pros and cons of the gains and losses, for the lawyer with rich practical experience can even ** the results of the case, point out the maze, so that the parties can take the most appropriate countermeasures.

2. The lawyer can promptly investigate and collect evidence and fix evidence favorable to the parties according to the needs of the case, which is the basis for safeguarding the legitimate rights and interests of the parties. After a party hires a lawyer, the lawyer may conduct an investigation with the relevant units and individuals to obtain evidence and materials that are favorable to the party, and also have the right to consult the case file materials to fully understand the facts of the case. When necessary, the lawyer will apply to the court to investigate and collect evidence, and take appropriate measures to fix the evidence; More importantly, the lawyer will analyze and sort out all the evidence and provide evidence that is favorable to the client, rather than taking out all the evidence in one go, regardless of whether it is beneficial to the client or not. In this way, it provides a basis for the parties concerned to properly handle disputes and earnestly safeguard their legitimate rights and interests.

3. Lawyers are familiar with litigation procedures, rules of evidence and laws and regulations, write legal documents for the parties, and personally appear in court to participate in the proceedings, so as to protect the legitimate rights and interests of the parties to the greatest extent. Litigation is a very practical professional discipline, in which the rules of procedure and evidence are particularly prominent. Many parties have evidence and reasoning, and can find the support of laws and regulations, but they still fail to win the lawsuit, and this is also because the common people see that some lawsuits that should be won have not been won, and lawsuits that should have been lost have not been lost, and many of the reasons for this are because they do not understand the rules of litigation procedures and evidence.

In addition, when lawyers participate in court investigations and court debates, and state their opinions and demands in accordance with the law, they can also grasp the key points and get to the point in court debates, so that the legitimate rights and interests of the parties can be effectively safeguarded.

Not necessarily, but only increases the likelihood of commutation.

The lawyer will do everything in his power to help you reduce your sentence.

Commutation of sentence is not premised on the appointment of a lawyer.

Whether or not the sentence will be commuted in an appeal in a criminal case depends on whether the first-instance judgment is based on sufficient evidence and whether it is correct in adapting to the law, and there is no question of probability. Article 227 of the Criminal Procedure Law stipulates that if the people's court of second instance discovers that the trial of the people's court of first instance has violated any of the following litigation procedures prescribed by law, it shall rule to revoke the original judgment and remand to the people's court of first instance for new trial

1) Violating the provisions of this Law on open trials; (2) Violating the recusal system; (3) Depriving or restricting the legally-prescribed procedural rights of the parties in distress, which might impact the fairness of the trial; (4) The composition of the trial organization is unlawful; (5) Other litigation procedures that violate the provisions of law, might impact the fairness of the trial.

Code of Criminal Procedure

Article 39.

Defense lawyers may meet and communicate with criminal suspects or defendants in custody. With the permission of the people's courts and people's procuratorates, other defenders may also meet and correspond with criminal suspects or defendants in custody.

Code of Criminal Procedure

Article 43.

With the consent of witnesses or other units and individuals with Wang Sheng's voice, defense lawyers may collect materials related to the case from them, and may also apply to the people's procuratorate or people's court to collect or collect evidence, or apply to the people's court to notify witnesses to appear in court to testify.

Legal analysis: Hiring a lawyer may not reduce the sentence, the lawyer has a necessary connection with the commutation of the sentence, and criminals who have been sentenced to controlled release, short-term detention, fixed-term imprisonment, or life imprisonment in accordance with the law must conscientiously abide by prison rules, accept education and reform, and truly show repentance or meritorious service in the course of the execution of the punishment, such as: 1. Exposing or reporting criminal activities inside and outside the prison, or providing important clues to solve the case, which are verified to be true; 2. Preventing the major criminal activities of others; 3. Carry out technological innovation in production and scientific research, and make outstanding achievements; 4. Actively perform in emergency rescue and disaster relief or elimination of major accidents; 5. There are other outstanding deeds that are beneficial to the country and society.

Legal basis: "Prison Law of the People's Republic of China" Article 29: Where convicts sentenced to life imprisonment or fixed-term imprisonment truly repented or made meritorious contributions during the period of serving their sentences, their sentences may be commuted on the basis of the results of prison evaluations. Where there is any of the following major meritorious contributions, the sentence shall be commuted:

1) Obstructing the major criminal activities of others; 2) Reporting major criminal activities inside or outside the prison, which is verified to be true upon investigation; 3) There are inventions, creations, or major technological innovations; 4) sacrificing oneself to save others in daily production or life; (5) Outstanding performance in resisting natural disasters or eliminating major accidents; 6) Other major contributions to the state and society.