What are the principles of criminal defense and what are the principles of criminal defense

What exactly are the principles of criminal defense?

1. Based on facts.

The lawyer's viewpoint should be based on facts, and should not be based solely on the defendant's defense, the opinions of family members, a few words, or hearsay.

2. Take the law as the criterion.

Lawyers should have a sense of norms, and take the initiative to find evidence, rather than taking it for granted. Procedures and substances: national laws, regulations, norms, judicial interpretations, meeting minutes, judicial policies.

3. Lawyers must abide by professional ethics and practice discipline.

Be honest and trustworthy and safeguard the legitimate interests of the client; upholding national law and social justice; Respect peers, mutual assistance and fair competition; Conscientiously fulfill legal aid obligations.

4. Conscientiously safeguard the legitimate rights and interests of the parties.

Should a lawyer protect all the rights and interests of his clients? Should a distinction be made between legal and illegal?

Some people believe that "it is the duty of a lawyer to exonerate his client." Whether it is a legitimate interest, or an illegal interest.

No matter what means are taken to maintain. ”;Some people believe that "lawyers protect the legitimate rights and interests of their clients, and they have no duty to protect the illegal rights and interests of their clients; Lawyers must use legitimate and lawful means to protect the lawful rights and interests of their clients, and must not use illegal or even criminal means to protect the lawful rights and interests of their clients."

Lawyers must also protect the legitimate rights and interests of their clients through legitimate and legal channels; Lawyers may refuse to entrust clients with their illegal interests, but they may not betray the client or report to the judicial organs.

5. The principle of independent defense.

Principle of independent defense: Lawyers provide criminal legal services independently in accordance with the law, and are not restricted by the client's will.

6. Keep state secrets, the business secrets of the parties and the privacy of the client.

The so-called state secrets refer to matters that are related to the security and interests of the state, are determined in accordance with legal procedures, and are known only to a certain range of people for a certain period of time.

The so-called "trade secrets" refers to the trade secrets that lawyers have and know in the course of handling corporate or enterprise criminal cases, and can only be used for the entrusted matters and must not be disclosed to other persons.

The client's privacy, the affairs of the parties are private.

7. Be reasonable, beneficial, and modest, do not invite guests and give gifts, and bribe judicial personnel, so as to achieve benign interaction.

It is necessary to achieve positive interaction with the personnel of judicial organs, not only emphasizing and deepening classmates, friends, and peers, but also adhering to principles and handling cases in accordance with laws and regulations.

8. Lawyers must not pack tickets for the outcome of the case.

Clients often ask, "Lawyer, how sure are you?" "Lawyer, can you win the lawsuit?" ”。

Is it possible to make a commitment to the parties? What can and cannot be promised? We can promise: first, our professional ability can be guaranteed; Second, our professional attitude can be guaranteed.

9. Do not demean other law firms and lawyers.

10. Do not slander the image of judicial organs.

If the image of the judiciary is ruined, the source of lawyers' business will be ruined.

Legal Analysis: The principles of criminal defense specifically include:

1. Keep the secrets of the Shouchun family, the business secrets of the parties and the privacy of the client;

2. Based on facts;

3. Take the law as the criterion;

4. Must abide by the professional ethics and practice discipline of lawyers;

5. Recognize the legitimate rights and interests of the parties concerned;

6. The principle of independent defense, etc.

Legal basis: Article 37 of the Criminal Procedure Law of the People's Republic of China: The responsibility of a defender is to submit materials and opinions on the innocence of the criminal suspect or defendant, the minor crime, or the mitigation or exemption of criminal responsibility on the basis of facts and law, and to preserve the procedural rights and other lawful rights and interests of the criminal suspect or defendant.

Article 38: Defense lawyers may provide legal assistance to criminal suspects during the investigation; **Complaints, accusations; apply for a modification of the compulsory measure; Inquire with the investigating organs about the charges and circumstances of the case involving the criminal suspect and submit opinions.

Legal Analysis: Principle 1: Fact-based; Principle 2: Grinding:

The law is the norm; Principle 3: Lawyers must abide by professional ethics and practice discipline; Principle 4: Conscientiously safeguard the legitimate rights and interests of the parties; Principle Five:

the principle of independent advocate; Principle 6: Protect state secrets, the trade secrets of the parties and the privacy of the client; Principle 7: Be reasonable, beneficial, and responsible, do not invite guests and give gifts, and bribe judicial personnel, so as to achieve benign interaction; Principle 8:

Lawyers must not make a ticket for the outcome of the case; Principle 9: Do not disparage other law firms and lawyers; Principle 10: Do not slander the image of the judiciary.

Legal basis: "Lawyers Law of the People's Republic of China" Article 31: Where a lawyer serves as a defender, they shall, on the basis of the facts and law, submit materials and opinions on the criminal suspect or defendant's innocence, the minority of the crime, or the commutation or exemption of criminal responsibility, to preserve the procedural rights and other lawful rights and interests of the criminal suspect or defendant.

A defence arises on the basis of the right to defence. China's constitution clearly stipulates: "The people's courts shall hear cases in public, except in special circumstances prescribed by law."

The accused has the right to a defence. Article 32 of China's Criminal Procedure Law also stipulates: "In addition to exercising the right to defend themselves, criminal suspects and defendants may also retain one or two persons as defenders."

The defense principles formed on this basis are mainly embodied in the following aspects:

1. From the very beginning of criminal litigation, the defendant can put forward materials and opinions that are favorable to him, refute the accusations against him, and defend himself.

2. The parties have the right to hire a lawyer or other person to defend themselves.

3. The court has the obligation to appoint a defender for the defendant who has not appointed a defender or has special circumstances.

4. The qualifications, rights and obligations of the defender are all statutory.

5. The order of defense shall be prescribed by law.

China's laws and regulations will regulate the rights of citizens, which stipulates that after citizens have committed any illegal acts, they can hire a professional lawyer to defend themselves, so when the lawyer defends the client, he also needs to understand the specific situation of the case and the relevant evidence in advance, and will also charge the corresponding fee according to the actual situation of the case.

Article 38 of the Criminal Procedure Law provides that a defense lawyer may provide legal assistance to a criminal suspect 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.

Criminal proceedings are governed by the following principles:

1. The powers of investigation, prosecution and adjudication shall be exercised by the special machine Lu Yan Leasing Customs in accordance with the law.

2. Strictly abide by legal procedures.

3. The people's courts and people's procuratorates independently exercise their functions and powers in accordance with law.

4. The trial is open.

5. Criminal suspects and defendants have the right to a defense at an early date.

6. No one shall be found guilty without a judgment of the court in accordance with law.

What are the specific principles of criminal defense 1. Based on facts Lawyers should put forward opinions based on the facts of the source difficulty, and cannot be based solely on the defendant's defense, the opinions of his family, and hearsay.

There are two types of criminal offenses: hard crimes and soft crimes. Murder and arson and arbitrariness are hard crimes; Greed for money and deception is a soft crime.

Therefore, hard crimes are based on the principle of human life and harm, while soft crimes are led by corruption and theft of money. Why? People in the world are busy earning money and lead when they live for their lives.

Therefore, grasp these two outlines: everything has the principle of arguing and defending.

The principles of criminal defense include:

1. Keep state secrets, business secrets of the parties and the privacy of the client;

2. Based on the fact that the balance and loss are the basis;

3. Take the law as the criterion;

4. Must abide by the professional ethics and practice discipline of lawyers;

5. Conscientiously safeguard the legitimate rights and interests of the parties;

6. The principle of independent defense, etc.

[Legal basis].Article 37 of the Criminal Procedure Law.

The defender's responsibility is to submit materials and opinions on the criminal suspect or defendant's innocence, the severity of the crime, or the commutation or exemption of the criminal suspect's or defendant's responsibility for criminal matters on the basis of facts and law, and to preserve the criminal suspect's or defendant's procedural rights and other lawful rights and interests.

Article 38.

Defense lawyers may provide legal assistance to criminal suspects during investigations; **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.

Principle 1: Evidence-based;

Principle 2: Take the law as the criterion;

Principle 3: Lawyers must abide by professional ethics and practice discipline;

Principle 4: Conscientiously safeguard the legitimate rights and interests of the parties;

Principle 5: The principle of independent defense;

Principle 6: Protect state secrets, the trade secrets of the parties and the privacy of the client;

Principle 7: Be reasonable, beneficial, and responsible, do not invite guests and give gifts, and bribe judicial personnel, so as to achieve benign interaction;

Principle 8: Lawyers must not package the outcome of a case;

Principle 9: Do not disparage other law firms and lawyers;

Principle 10: Do not slander the image of the judiciary.

1. What are the principles of administrative penalties for traffic violations in the law?

The principles of administrative penalties for traffic violations in the law are: 1. Statutory principles. 2. The principle of appropriateness.

3. The principle of non-duplication of punishment. Administrative punishments follow the principles of fairness and openness. The establishment and implementation of administrative punishments must be based on facts, and be proportionate to the facts, nature, circumstances, and degree of harm to society of the illegal conduct.

Provisions for imposing administrative penalties for violations of the law must be made public; Where it has not been announced, it must not be the basis for administrative punishments.

2. What are the four basic principles of an arbitration clause?

1.Principle of voluntariness: If the parties use arbitration to resolve their disputes, they must first voluntarily reach an arbitration agreement.

In the absence of an arbitration agreement, if one party applies for arbitration, the arbitration organization shall not accept it. The parties may voluntarily choose the arbitration institution and the arbitrator. The parties may settle on their own, and after reaching a settlement agreement, they may request the arbitral tribunal to make an arbitral award in accordance with the settlement agreement, or may withdraw the arbitration claim.

If the parties voluntarily conciliate, the arbitral tribunal shall conciliate. 2.The principle of resolving disputes fairly and reasonably on the basis of facts and the law as the criterion.

3.The principle that arbitration organizations independently exercise arbitration power in accordance with law. 4.

The principle of finality of the first award: After the arbitral award is rendered, the parties cannot apply for arbitration or file a lawsuit in the people's court for the same dispute. However, if the arbitral award is revoked or not enforced by the people's court in accordance with law, the parties may reach a new arbitration agreement and apply for arbitration, or may file a lawsuit with the people's court.

Article 28 of the Lawyers Law stipulates: "Where a lawyer serves as a defender in a criminal case, he shall, on the basis of facts and law, submit materials and opinions proving that the criminal suspect or defendant is not guilty, that the crime is minor, or that his criminal responsibility is reduced or exempted, so as to protect the lawful rights and interests of the criminal suspect or defendant."

Principle 1: Evidence-based;

Principle 2: Take the law as the criterion;

Principle 3: Lawyers must abide by professional ethics and practice discipline;

Principle 4: Conscientiously safeguard the legitimate rights and interests of the parties;

Principle 5: The principle of independent defense;

Principle 6: Protect the confidentiality of state secrets, the trade secrets of the parties and the privacy of the client;

Principle 7: Be reasonable, beneficial, and responsible, do not invite guests and give gifts, and bribe judicial personnel, so as to achieve benign interaction;

Principle 8: Lawyers must not package the outcome of a case;

Principle 9: Do not disparage other law firms and lawyers;

Principle 10: Do not slander the image of the judiciary.

Article 28 of the Lawyers Law stipulates: "Where a lawyer serves as a defender in a criminal case, he shall, on the basis of the facts and the law, submit materials and opinions proving that the criminal suspect or defendant is innocent, that the crime is minor, or that his criminal responsibility is mitigated or exempted, so as to safeguard the lawful rights of the criminal suspect or defendant and prudently establish the interests of the criminal suspect."