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Article 390 of the Criminal Law of the People's Republic of China [Punishment for the crime of offering bribes; Whoever commits the crime of offering bribes shall be sentenced to fixed-term imprisonment of not more than five years or short-term detention and shall also be fined; Whoever seeks improper benefits through bribery, where the circumstances are serious, or causes major losses to national interests, is to be sentenced to fixed-term imprisonment of not less than five years but not more than ten years and a concurrent fine; Whoever has experienced the circumstances of the accident is especially serious, or who causes particularly heavy losses to the interests of the state, shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment and shall also be fined or have his property confiscated. Where the bribe giver voluntarily confesses the bribery before being pursued for prosecution, the punishment may be mitigated or commuted. Of these, where the crime is relatively minor, where it plays a key role in the investigation of a major case, or where there is a major meritorious service, the punishment of Zheng Luochun may be commuted or waived.
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The determination of the crime shall be based on the facts constituting the crime determined on the basis of the details of the evidence; Only when there are accusations can there be a defense, and the lawyer's defense should be aimed at the specific investigation and accusations of the case-handling organ. If you enter the criminal justice process, you should immediately entrust a lawyer specializing in criminal defense business to deal with it. This is because whether or not a good result can be obtained in the end depends on whether "all" facts and circumstances favorable to the defendant can be found, and "timely" explain clearly to the case-handling organs in a concise, concise, reasonable, well-founded, and forceful manner This requires a certain amount of criminal legal literacy and defense language skills.
Article 37 of the Criminal Procedure Law: 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 reduction or exemption of criminal responsibility on the basis of the facts and the law, and to preserve the procedural rights and other lawful rights and interests of the criminal suspect or defendant.
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In criminal cases, it is recommended that the parties find a professional lawyer to conduct the case, so that their rights can be more fully protected, after all, litigation is a very professional activity. Of course, the parties may not have to find a lawyer, but if the suspect is a minor, the suspect is deaf or mute or cannot express himself normally, or the suspect is sentenced to death, a lawyer must be available. When looking for a lawyer, you should pay attention to the following:
1. To verify whether the lawyer has the corresponding practice qualification certificate, etc., you can go to the law firm for verification, or you can call the ** of the local bar association for consultation. 2. To conduct an interview, it is best to go to a law firm, and only when you go to a law firm can you understand the authenticity of the law firm and avoid being deceived by the other party. 3. According to the situation of your own case, you should find an experienced lawyer who specializes in this type of case, and there are many classifications of cases, and the types of cases that each lawyer receives are not exactly the same.
For example, some lawyers are good at marriage and family cases, and some lawyers are good at criminal cases. 4. Try to put the conditions agreed by both parties in writing, and find a law firm to sign a legal and effective written contract, with which there is a reasonable and standardized basis for behavior and a guarantee of service.
Article 3 of the Lawyers Law of the People's Republic of China: Lawyers' practice must abide by the Constitution and laws, and abide by lawyers' professional ethics and practice discipline. The practice of lawyers must be based on facts and the law as the criterion. Lawyers' practice shall accept the supervision of the state, society, and parties.
Lawyers' lawful practice is protected by law, and the lawful rights and interests of lawyers must not be infringed upon by any organization or individual.