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The so-called public prosecution cases, i.e., criminal public prosecution cases, refer to cases in which procuratorial organs at all levels initiate litigation on behalf of the state to pursue the criminal responsibility of the defendant in accordance with the relevant provisions of the law. Public prosecution in criminal proceedings refers to litigation activities in which the people's procuratorate submits to the people's court for trial in cases where the public security organs' investigation has been completed and transferred for review, as well as in cases where the investigation has been completed on its own, where it finds that the facts of the crime are clear, the evidence is credible and sufficient, and that a crime has been alleged, and that the defendant shall be pursued for criminal responsibility in accordance with law. So do you need to entrust a lawyer to intervene in a public prosecution case?
The answer, of course, is yes. With the improvement of citizens' awareness of the law, the role of legal professionals is also increasing. Especially in criminal cases, the role of lawyers is even more crucial because personal liberty is involved.
Usually, after the lawyer intervenes in the case, he will first start the following matters related to the vital interests of the criminal suspect: 1. Meet with the criminal suspect to understand the evidence and clues of his guilt or innocence, collect evidence, and prepare relevant application materials for changing the compulsory measures. 2. Make an appointment with the judge to review and copy the case file materials.
3. Exchange opinions with the defendant on the defense viewpoint initially formed by the lawyer and inform the defendant of the trial procedures and precautions, 4. Conduct a defense of innocence or minor crime in light of the actual circumstances of the case, and do their best to win the judge's approval of the defense viewpoint. Legal basis: Article 32 of the Criminal Procedure Law of the People's Republic of China provides that in addition to exercising the right to defend themselves, criminal suspects or defendants may also retain one or two defenders.
The following persons may be retained as defenders: (1) lawyers; (2) Persons recommended by people's organizations or the criminal suspect or defendant's unit; (3) The guardians, relatives and friends of criminal suspects or defendants. Persons who are currently serving a criminal punishment or who have been deprived or restricted of their physical liberty in accordance with law must not serve as a defender.
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How much does it cost to hire a lawyer for a criminal case? It depends on the fees charged by the law firm, such as:
1) Fees for criminal cases are to be determined on a case-by-case basis at each stage of case handling.
1. In the investigation stage, each piece will be charged 2,000-10,000 yuan.
2. In the review and prosecution stage, each case will be charged 2,000-10,000 yuan.
3. In the first instance stage, each piece will be charged 4,000-30,000 yuan.
4. There is no limit to the above fees.
2) Lawyer service fees are to be collected in second-instance trials, death penalty reviews, retrials, appeals, and private criminal prosecution cases in accordance with the fee standards for the first-instance trial.
3) For multiple stages of a law firm** case, the fee will be reduced from the second stage.
4) Where the victim initiates a civil litigation case attached to a criminal case, lawyer service fees are to be collected in accordance with the civil litigation case fee standards.
5) Where criminal suspects or defendants are involved in several crimes or multiple criminal facts at the same time, they may be collected separately on a case-by-case basis in accordance with the charges or facts involved.
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It needs to be determined in consultation with a lawyer on a case-by-case basis.
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Legal Analysis: There are certain differences in various regions, which are roughly as follows: No Property Dispute Cases:
Ordinary civil, economic, or administrative cases that do not involve property shall be collected through negotiation between 6,000 and 100,000 yuan according to factors such as the nature of the case, the degree of complexity, and the time required for the work; If the civil, economic and administrative cases in other places do not involve property, the ** fee shall not be less than 20,000 yuan.
Legal basis: "Lawyers Law of the People's Republic of China" Article 24: Lawyers' practice must comply with the Constitution and the law, abide by lawyers' professional ethics and practice discipline, and practice in accordance with law, in good faith, and in a standardized manner. Lawyers must be based on the facts and the law as the criterion.
Lawyers' practice shall accept the supervision of the state, society, and parties.
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Legal Analysis: Therefore, the prosecutor is not allowed to hire a lawyer. This is because the power of the state to prosecute cannot be delegated.
Legal basis: Criminal Procedure Law of the People's Republic of China Article 33: In addition to exercising their right to defend themselves, criminal suspects or defendants may also retain one or two persons as defenders. The following persons may be appointed as advocates:
a) Lawyers; (2) Persons recommended by the people's organizations or the units to which the criminal suspect or defendant belongs; (3) The suspect's guardian, relatives, or friends. Persons who are currently serving a criminal punishment or who have been deprived or restricted of their personal liberty in accordance with law must not serve as a defender. Persons who have been dismissed from public office or have had their lawyer's or notary public's practice certificates revoked must not serve as defenders, except where they are the guardians or close relatives of criminal suspects or defendants.
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Civil litigation to hire a lawyer does not involve property relations: 800 yuan 10,000 yuan involving property relations: 1,000 2,000 yuan per basic service fee.
Where the amount of the subject matter of the disputed property exceeds 10,000 yuan, it is calculated progressively according to the following proportions. (1) 10,001 yuan - 100,000 yuan, 5% 6% (2) 100001 yuan - 1,000,000 yuan part, 4% 5% (3) 1000001 yuan - 5,000,000 yuan part, 3% 4% (4) 5000001 yuan - 10,000,000 yuan part, 2% 3% (5) 10000001 yuan - 50,000,000 yuan part, 1% 2%.
How much does it cost to hire a lawyer for a civil lawsuit.
Good afternoon, kiss <>
We'll be happy to answer for you. :<
Civil litigation to hire a lawyer does not involve property relations: 800 yuan morning celebration 10,000 yuan involving property relations: 1,000 2,000 yuan per basic service fee.
Where the amount of the subject matter of the disputed property exceeds 10,000 yuan, it is calculated progressively according to the following proportions. (1) 10,001 yuan - 100,000 yuan, 5% 6% (2) 100001 yuan - 1,000,000 yuan rent, 4% 5% (3) 1000001 yuan - 5,000,000 yuan, 3% 4% (4) 5000001 yuan - 1,000,000 yuan, 2% 3% (land core 5) 10000001 yuan - 5,000,000 yuan, 1% 2%.
Civil litigation is a civil lawsuit, which refers to the activities of the parties to file a lawsuit with the people's court due to the contradiction of civil rights and interests or the conflict of economic interests, and the people's court files and accepts the case, and with the participation of both parties and other litigation participants, the people's court hears and resolves civil cases, economic dispute cases, and special cases that are heard by the people's court as prescribed by law, as well as the sum of the legal relations arising from these litigation activities.
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Legal Analysis: The costs involved in suing a person for hiring a lawyer include regular fees, lump sum fees, and risk charges. There are three stages of lawyers' fees: first-instance fees, second-instance fees, and enforcement procedure fees.
The fee standard is about 2,000-10,000 for the upfront fee, and 10-30% of the amount after winning the case or enforcement.
Legal basis: Lawyers Law of the People's Republic of China Article 28: Lawyers may engage in the following businesses:
1) Accepting the entrustment of a natural person, legal person, or other organization to serve as legal counsel;
2) Accept the entrustment of the parties to civil or administrative cases, serve as the first person, and participate in litigation;
3) Accept the retention of a criminal suspect or defendant in a criminal case, or accept the appointment of a legal aid institution in accordance with law, to serve as a defender, accept the entrustment of a private prosecutor in a private prosecution case, a victim of a public prosecution case, or their close relatives, to serve as a ** person, and participate in litigation;
4) Accept entrustment, ** appeals in various litigation cases; Sparrows.
5) Accept entrustment and participate in mediation and arbitration activities; It's a forest imitation.
6) Accept entrustment to provide non-litigation legal services;
7) Answering inquiries about the law, litigation documents and other documents related to legal affairs.
The public security organs shall promptly inform the criminal suspect or victim of the evaluation opinion that has been reviewed and used as evidence, and the victim or suspect may apply for a new evaluation, but the application shall have a legally-prescribed reason, that is, there are circumstances provided for in article 246 of the Criminal Procedure Law, and the judicial organs shall decide whether to re-evaluate. >>>More
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