Will the lawyer cover up? What is the crime of a lawyer shielding a criminal

1. The role of a criminal defense lawyer is to find "all" facts and circumstances that are favorable to the defendant, and to explain them concisely, concisely, reasonably, well-founded, and forcefully to the case-handling organ "in a timely manner" This requires a certain amount of criminal legal literacy and defense language skills.

2. In the case of intentional injury, if the victim is identified as having minor injuries, there are four possibilities for the not-guilty defense: Article 13 of the Criminal Law, insufficient evidence for the accusation (for example, there is no causal relationship, and the appraisal of minor injuries is not accepted), negligence, and justified defense.

3. If you want to entrust a lawyer specializing in criminal defense business to deal with it, you must use your own mind to compare and judge, and the general process is:

You can make more inquiries, and then selectively make appointments with "criminal defense lawyers" who "specialize" in criminal defense business, and go to law firms for "face-to-face" consultation, so as to use your ears, eyes, and minds to understand the "criminal legal literacy" and "defense language skills" of criminal defense lawyers;

If a suitable criminal defense lawyer is found to be retained, the regular law firm will have the interviewing lawyer make a record of the interview, noting the facts of the case, the general content of the lawyer's services, and the cost of the lawyer's services discussed during the interview, and then transfer it to the procedure for signing the retention contract.

After signing the entrustment contract and paying the lawyer's fees, the client shall sign the power of attorney and copy the client's ID card.

Criminal defense lawyers gradually carry out defense work.

It will definitely be useful to hire a lawyer, but you must hire a good lawyer.

I have nothing to do when I am full of food in a fight.

1. A lawyer who intentionally defends a bad guy is not guilty of harboring, because the lawyer's primary responsibility is to defend his client, and it does not involve covering up the other party's illegal and criminal acts.

Every lawsuit will have two parties, and we can't completely claim that the other side is the bad guy. In the case that we already know the facts, we may have our own subjective strength, but this does not mean that it is the truth of the facts. The defense lawyer will only make a series of defenses for his client, and strive to keep his client within the safe range, which is also the purpose of the client's lawyer.

No matter which party hires a lawyer, I think his basic requirement is to protect himself and maximize his rights.

2. A lawyer who deliberately defends a bad guy is not guilty of harboring, because the lawyer's responsibility is to show the evidence in front of him and reduce his client's responsibility through defense.

Lawyers basically rely on evidence to speak, and although they have their own technical skills when speaking, which may mislead or guide others, this does not mean that they have formed a crime of cover-up. They can only explain the whole process on the basis of their own knowledge of the facts, and then protect the best interests of their clients. Knowing that their client had committed a crime, they sought to reduce some of their client's liability.

3. A lawyer who deliberately defends a bad guy is not guilty of harboring, unless the opposing lawyer uses a black-and-white method to handle the lawsuit, but most lawyers dare not assume such responsibility.

Today's lawyers are very legally conscious, so they clearly know that if they use false evidence to reverse black and white in court, the consequences they will bear in the end can be imagined. So they don't sacrifice their lives in such a way, and they don't dare to take such a risk to defend someone. Every lawyer does not dare to guarantee that he will be able to win the lawsuit he accepts, because each client will have his own requirements, and as long as the interests of the client are guaranteed, the lawyer can be regarded as fulfilling his responsibility.

There is no crime of concealment, because every idea will get the right to defend, and there are no illegal and criminal acts in the process of defense, so it is not considered a crime of abetment.

No. Moreover, lawyers also have the right to help their complainants in their lawsuits, and these people also have the right to hire their own lawyers, all within the scope of the law.

No, a lawyer has the right to defend his client, and he also has the obligation to defend his client, which is not illegal.

The lawyer who defended the prisoner did not cover up the crime, and the lawyer only acted in accordance with the laws and regulations, and did not break the law.

A lawyer who knowingly defends a bad guy is not guilty of cover-up, unless the lawyer reverses black and white when defending.

Legal Analysis: Crime of Concealment. If a lawyer has the facts of a criminal suspect that the case-handling organs have not grasped, and conceals it, he or she will bear relevant legal responsibility, and if a crime is constituted, the lawyer's legal responsibility will also be pursued.

Legal basis: Article 310 of the Criminal Law of the People's Republic of China: Whoever clearly knows that a person is a criminal and provides him with a hiding place or property, helps him to escape, or gives false evidence to cover up him, is sentenced to up to three years imprisonment, short-term detention or controlled release; where the circumstances are serious, the sentence is to be between three and ten years imprisonment.

In the crowd, I saw you again, just as charming and beautiful.

Remember: I'm homesick.

Brocade. Here's a practical answer to this question.

A lawyer is not a cover-up.

Yes, a lawyer is not a cover-up.

Enlightened and enlightened: In fact, in general criminal cases, lawyers will only provide legal assistance to criminal suspects and fight for the rights and interests of criminal suspects based on the written, ** and other evidence provided by the public security and procuratorate about the criminal suspect.

In criminal cases, the lawyer is also risky in the process of defending the rights and interests of the criminal suspect. If you are not careful, some lawyers will get in by themselves.

Therefore, when the lawyer is in a criminal case, he will only defend the rights of the criminal suspect according to the file of the criminal suspect provided by the law enforcement department, and the client really does not expect or expect the lawyer to help you a lot.

To put it simply, a lawyer will only act for his client based on evidence, and beyond the red line of the law, the lawyer will not step on it.

If you put it bluntly, it is some of the words that the criminal suspect said to the lawyer, for the lawyer, it is actually a pile of nonsense, but the lawyer will still record this pile of nonsense, and then bring it back to the law firm and store it in the filing cabinet of Changliang Law Firm, that's all.

In addition, the evidence provided by the criminal suspect to the lawyer at the detention center is actually only a one-sided oral recording and written materials of the meeting, which is more difficult than Shangqingtian to form a chain of evidence favorable to the criminal suspect.

Because the so-called evidence provided by these criminal suspects to their lawyers in the detention center is difficult to form an evidence chain, most of the law enforcement departments do not give it, that is, useless nonsense.

Again: a lawyer will only defend his client and fight for his rights based on evidence.

Then, what the suspect said to the lawyer was of no avail.

Of course, if a lawyer provides false evidence, this is a proper violation of the law.

The lawyer will not use all the so-called facts provided by the criminal suspect to the lawyer as evidence to defend the client in court, so the lawyer has not given false testimony, and of course, the lawyer cannot talk about covering up.

In addition, lawyers will not disclose the files about criminal suspects provided by law enforcement agencies to lawyers, including criminal suspects, which is the lawyer's work norm or the industry regulations that lawyers must follow.

Conclusion: The suspect lied to **, but told the lawyer everything, and the lawyer was not a cover-up.

Legal Analysis: Crime of Concealment. If the lawyer grasps the facts of the criminal suspect's crime that the case-handling agency does not grasp, and conceals it, he will bear relevant legal responsibility, and if the crime is constituted, the lawyer's legal responsibility will also be pursued.

Legal basis: Article 310 of the Criminal Law of the People's Republic of China: Whoever clearly knows that a person is a criminal and provides him with a hiding place or property, helps him to escape, or gives false evidence to cover up him, is sentenced to up to three years imprisonment, short-term detention or controlled release; where the circumstances are serious, the sentence is between three and ten years imprisonment.

The constitutive elements of the crime of abetment include: 1. The subject of this crime is an ordinary subject, that is, a natural person who has reached the age of 16 and has the capacity for criminal responsibility; 2. The subjective aspect of the crime is intent; 3. The object of the violation of this crime is the normal criminal litigation activities of the judicial organs; 4. This crime is objectively manifested in the act of harboring the offender. According to article 310 of the Criminal Law, whoever clearly knows that a person has committed a crime and provides him with a hiding place or property, helps him to escape, or gives false evidence to cover up him, shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention or controlled release; where the circumstances are serious, the sentence is between three and ten years imprisonment.

Where the crimes in the preceding paragraph are committed and there is prior conspiracy, it is to be punished as a joint crime.

Article 310 of the Criminal Law: Whoever clearly knows that a person is a criminal and provides him with a hiding place or property, helps him to escape, or gives false evidence to shield him, is sentenced to up to three years imprisonment, short-term detention or controlled release; where the circumstances are serious, the sentence is to be between three and ten years imprisonment. Where the crimes in the preceding paragraph are committed and there is prior conspiracy, it is to be punished as a joint crime.

The lawyers' association's harboring of Lu Dayan's misconduct is the crime of harboring, and the sentence for the crime of harboring is: Zao Yan clearly provides a person who is a criminal with a hiding place or property, helps him to escape and roll, or gives false evidence to shield him, is sentenced to up to three years imprisonment, short-term detention, or controlled release; where the circumstances are serious, the sentence is between three and ten years imprisonment. Where the crimes in the preceding paragraph are committed and there is prior conspiracy, it is to be punished as a joint crime.

Even if it is a heinous criminal, he needs a lawyer to defend him before **, because everyone has the right to a defense, so as long as the lawyer does not take any illegal actions in the process of defense, then even a lawyer who deliberately defends a bad person will not have the crime of harboring. If it is said that the lawyer has a series of illegal acts such as falsifying evidence when defending, then the lawyer may have committed the illegal act of forgery, but this cannot be said to be a cover-up. <>

Moreover, when looking at whether the lawyer is guilty of harboring, we also have to look at what the crime of harboring is. The Criminal Law explains the crime of harboring as follows: the act of intentionally harboring or providing conditions for the criminal to help the criminal escape legal punishment is called the crime of harboring.

The lawyer is to help the criminal suspect defend him, and when the criminal suspect needs to hire a lawyer to defend him, the criminal suspect should have been detained, so there is no cover-up. <>

Moreover, as a lawyer, he must have professional ethics, whether the person he defends is a vicious criminal or a good person who has been wronged, he must defend his client in the most powerful manner according to the law and existing evidence, which is a lawyer's professional ethics. If a criminal suspect is really guilty, he will be severely punished by the law, and there is no such situation as a lawyer who can help a criminal suspect get away with his superb ability. And if the lawyer does not help the criminal suspect defend himself based on the facts and does not take the money from the suspect, then he is wrong.

Therefore, those lawyers who help defend the bad guys, they will not be guilty of harboring in the process of handling the case, because they are fulfilling the obligations of a lawyer. And even some criminal suspects have no lawyer willing to defend him at all, and in the end, the lawyer who defended him was still dispatched. Moreover, even if the lawyer falsifies evidence when defending the criminal suspect, then the lawyer only has the crime of perjury, not the crime of covering up.

No, because lawyers have to perform their duties and obligations, they will not be charged with any crime in the course of handling the case.

No, he was just doing his duty, so he didn't commit such a crime, and there is a clear difference between the two.

If he knows that the other party has done bad things and deliberately helps the other party get rid of the crime, then he is indeed guilty of covering up.

Legal Analysis: Crime of Concealment. If a lawyer holds the facts of a criminal suspect that are not known to the seller handling the case, and conceals it, he will bear relevant legal responsibility, and if a crime is constituted, the lawyer's legal responsibility for the banquet will also be pursued.

Legal basis: Article 310 of the Criminal Law of the People's Republic of China: Whoever clearly knows that a person is a criminal and provides him with a hiding place or property, helps him to escape, or gives false evidence to cover up him, is sentenced to up to three years imprisonment, short-term detention or controlled release; where the circumstances are serious, the sentence is between three and ten years imprisonment.