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useful, can be defended, lower the punishment.
As far as the attributes of a "lawyer" are concerned, they include: (1) having certain legal knowledge, according to the provisions of the current Lawyers Law, having "a bachelor's degree or above in law from a college or university" or "a bachelor's degree or above in other majors in a college or university with legal knowledge"; second, pass the national "judicial examination" and obtain qualifications; Third, with the approval of the national judicial administrative department, obtain a practice certificate; Fourth, to provide legal services to the society and make it a profession.
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The role of a lawyer is to protect the lawful rights and interests of suspects and defendants, and to find out the circumstances or evidence of the defendant's lesser or innocence. The rights and interests of suspects and defendants have not been infringed upon, and of course it is useless to find anyone.
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No, if the evidence is sufficient, depending on the specific circumstances, the lawyer can find a mitigating reason for mitigating the punishment in terms of the attitude of admitting guilt, the motive for the crime, etc., so as to reduce the punishment. The way to start depends on the specific circumstances, so as to achieve the goal of mitigating the punishment.
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Although the evidence of the crime is sufficient, there are still the following points that can be addressed: 1. Whether the procedures of the public security organs are legal when collecting evidence, and illegal evidence needs to be excluded! 2. If the first point does not exist, you can also debate the sentencing and strive for a lighter sentence as much as possible!
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Not necessarily, there are no absolutes in everything! It is possible to communicate. 454435671
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No, even if the facts of the crime are clear and the evidence is sufficient.
But there are many aspects such as intentionality, negligence, sentencing, procedural violations, etc.
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No, the so-called sufficiency of criminal evidence not only means that the evidence has a high degree of probability, but also that the evidence obtained must be lawful. Evidence that has not been lawfully obtained cannot be used as evidence in court, and if there are procedural flaws in obtaining the evidence, the evidence is not probative. The relationship between evidence and criminal facts is also very demanding, and many of our countries now adopt the principle of strict liability, that is, in order to prove the facts of the crime, there must be enough evidence to prove the facts of the crime, in fact, many of the evidence is flawed, and this has to be found by a good lawyer.
Even if a conviction is made, a lawyer can mitigate the criminal penalty for the suspect or turn intent into negligence from many of the circumstances of the crime. What I said above is very theoretical, but the actual operation in life is very different, and I can't say more. ··
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Legal Analysis: 1. Will the lawyer look for evidence?
A lawyer can help investigate the evidence. As needed by the circumstances of the case, the retained lawyer may 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. Where lawyers conduct their own investigation and collect evidence, they may investigate circumstances related to undertaking legal affairs from relevant units or individuals on the basis of their lawyers' practice certificates and law firm certificates.
2. What evidence can a lawyer collect?
According to the provisions of China's Lawyers Law, lawyers enjoy the right to investigate and collect evidence. Lawyers' right to investigate and collect evidence refers to the rights enjoyed by lawyers in the course of performing lawyers' professional activities to investigate, learn about relevant circumstances, and collect and obtain relevant evidence. After accepting the client's entrustment, the lawyer has the obligation to help the client investigate and collect evidence on the facts related to the case.
However, the relevant law does not stipulate that lawyers' investigation records are used to circumvent Sun Witnesses. In other words, as long as it is the type of evidence prescribed by law, the lawyer can investigate.
Evidence in a criminal leniency case includes all evidence that can prove the facts of the case, mainly in the following categories:
1) Physical evidence; (2) documentary evidence; (3) Witness testimony; (4) The victim's statement; (5) Confessions and justifications of criminal suspects or defendants; (6) Appraisal opinions; (7) Records of inquests, inspections, identifications, investigative experiments, and so forth; (8) Audio-visual materials and electronic data.
The lawyer's collection of the above evidence must be verified and verified before it can be used as the basis for a verdict.
Legal basis: Article 35 of the Lawyers Law stipulates: "A lawyer entrusted may apply to the people's procuratorate or people's court to collect or collect evidence, or to the people's court to notify witnesses to appear in court to testify, as required by the circumstances of the case.
Where lawyers conduct their own investigation and collect evidence, they may investigate circumstances related to undertaking legal affairs from relevant units or individuals on the basis of their lawyers' practice certificates and law firm certificates. ”
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It's not"Exonerate him", but for the maximum realization of justice. A criminal suspect cannot be convicted of a crime until he is convicted by the court. At this time, if there is no lawyer's defense, it is equivalent to letting a person fight against the state, which is obviously unfair.
The lawyer's intervention can supervise the legality of the public prosecution (note that it is supervision) from a professional point of view, so as to protect the rights of the criminal active officer. The position of the plaintiff and the defendant is relatively balanced.
In addition, the lawyer will not defend the criminal active person for no reason. He is subject to the lesser or not guilty lawyer who defends him. A lawyer will defend his or her defender in accordance with the law.
As far as possible, unjust, false and wrongly decided cases should be avoided, so that the rights of those who have committed crimes are protected. This is also for the accurate implementation of the law!
The above is theoretical, but in reality it is because there is a legal provision upstairs. Hehe.
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The presumption of innocence is generally adopted in Chinese law, and no one can be found guilty until a verdict has been pronounced. It can only be called a criminal suspect or defendant. Their right to a lawyer and a defender is granted by the Constitution and is a fundamental human right.
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The law is a public commentary, and the law cannot be called a criminal if the suspect is not called before the verdict.
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First of all, no one can be found guilty until the court has pronounced a verdict. Therefore, they can only be called criminal suspects or defendants, and since they are innocent at this time, it is their basic right to ask a lawyer and defender to defend themselves, and it is also a necessary choice to protect their legitimate rights and interests.
Second, criminal suspects or defendants are confronting the public power of the state, and in the face of the strong public power of the state, their legitimate rights and interests can easily be infringed, so the defender and the lawyer are also a choice to balance the forces of both sides. Imagine what kind of disadvantage criminal suspects and defendants would be without a defender and lawyer?
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Of course, you can only call a suspect before you have a **.
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Insufficient evidence refers to the fact that the main factual materials copied in the course of litigation on the basis of which the circumstances of the case can be determined are not sufficient as the basis for determining the facts of the case. The issue of evidence has always been a key issue in litigation, and only by correctly determining the facts of the case can the law be correctly applied and the case handled correctly. Therefore, the study of the system of evidence has formed a discipline called evidence science or evidence jurisprudence.
Evidence is the basis for proving the facts (of the case), and all the facts that prove the true situation of the case are evidence. The issue of evidence is the core issue of litigation, and all litigation activities actually revolve around the collection and use of evidence.
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For example, suppose Apple is the DU event, and you and he are the participants in the DAO
At the same time, the apple is yours.
Suddenly, when you want to eat it, you find that the apple is gone. It's clear that your apple has been stolen and eaten by someone else, since it's just the two of you. It means that he stole it, so you found someone to help you judge.
However, he said: "You said that I stole your apple, but there were no fingerprints and DNA at the scene, there was no surveillance, and no one saw it." Why do you say it's me?
You didn't get your apple back. And he ate sweet apples, and he was not punished.
The evidence of a crime is surveillance, fingerprints, DNA, and people.
Insufficient evidence of a crime refers to the absence of evidence.
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Hello is that there is not enough evidence to prove the fact of the crime, according to the criminal law the principle of innocence in doubt, not guilty.
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The public procuratorate and law have certain standards or models when recognizing crimes, and generally any kind of crime is the result.
The constitution must meet the four elements of constitutive rights, namely, the subject of the crime, the subjective aspect of the crime, the object of the crime, and the objective aspect of the crime. Insufficient evidence of a crime, that is, the main factual materials on which the circumstances of the case are based are not sufficient as the basis for determining the facts of the case.
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Insufficient evidence of a crime. refers to the case, physical evidence. Witnesses, scenes, and other cases where the evidence is insufficient. It cannot be determined that you are a criminal suspect in this case, that you are a criminal in this case, and that the procuratorate is unable to prosecute the parties in this case, because the evidence is insufficient.
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It's just that the evidence of the crime is insufficient, and the literal meaning is obvious.
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The evidence that lawyers look for is not more useful.
However, the lawyer has obtained a diploma from the National College of Law Professions, passed the National Professional Examination for Practicing Law, and holds a nationally recognized legal license. Not only do they have professional legal knowledge and know how to find relevant evidence and use it in litigation or legal affairs, but according to the relevant provisions of the "Lawyers Law of the People's Republic of China", lawyers can use their lawyers' practice certificates and law firm certificates to investigate evidence related to undertaking legal affairs from relevant units or individuals that cannot be obtained by ordinary citizens.
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No, as long as it is evidence, whoever looks for it is equally effective, but after all, the lawyer is a professional, and it is necessary to distinguish more clearly in terms of evidence.
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Hire experts or professional forensic experts to appear in court to help debate evidence.
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In civil litigation, when the materials involved in the case are too professional and may affect litigation activities, litigation participants may apply to the court to notify professional and technical personnel to appear in court to make appraisal opinions or answer professional questions.
Legal basis: Article 79 of the Civil Procedure Law provides that a party may apply to the people's court to notify a person with specialized knowledge to appear in court and submit opinions on the appraisal opinions or professional issues made by the evaluator.
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Living to learn all the time, doing this business does not require you to be an expert in addition to the law, but at least you are a miscellaneous person.
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Hire a lawyer to provide professional help!
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Ask the person concerned or hire an expert to assist him/herself.
Hello, Article 72 of China's Criminal Procedure Law stipulates the conditions for residential surveillance, and the premise is that for "criminal suspects and defendants who meet the conditions for arrest", according to the law, the "arrest conditions" include the following three aspects: 1. There is evidence to prove the facts of the crime; 2 may be sentenced to imprisonment or more; 3. The use of methods such as release on bail pending further investigation and residential surveillance is not sufficient to prevent the occurrence of danger to society, and arrest is necessary. Therefore, the evidence of the crime you mentioned is only one of the elements, and a criminal suspect or defendant can only be arrested if he meets the above three conditions at the same time. >>>More
1.The neighborhood committee where the household registration is located issues a certificate, and the relevant person in charge of the neighborhood committee knows the specific content to be filled in, and then seals and signs; 2.Newspaper police, signed and sealed; 3. >>>More
Based on whether the probative effect of the evidence is to affirm or deny that the criminal suspect or defendant has committed a criminal act, the evidence may be divided into guilty evidence and evidence of innocence. Any evidence that can affirm that a criminal suspect or defendant committed a criminal act and that can prove the severity of the criminal act is evidence of guilt. Any evidence that can prove that the facts of the crime do not exist, or deny that the criminal suspect or defendant committed a criminal act, is evidence of innocence. >>>More
The certificate of no criminal record in China shall be issued at the police station where the household registration is located.
It can only be said that it is unlikely to be reversed, even if there are enough shells, but whether it can turn the tide of the war depends on the performance of both sides.