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Hello, in the public security investigation stage, the lawyer intervenes in advance, can apply for bail pending trial, review the necessity of detention for the suspect, understand the basic situation of the case and the crimes involved, of course, it is also necessary to communicate and coordinate with the investigation agency to reduce the complexity of the case as much as possible, of course, the best result is to completely solve the problem in the investigation stage - the case is withdrawn, or the arrest is not approved, and it is over. When the procuratorate reviews for prosecution, after the lawyer intervenes in a timely manner, he or she may copy the case file as soon as possible, review the evidence in detail, and find out the loopholes or flaws in the evidence. After that, we will carefully negotiate and communicate with the prosecutor if there are indeed problems with the evidence in the case.
Then it is necessary to actively strive for non-prosecution or conditional non-prosecution. If there are problems in the characterization of the case, the defense lawyer needs to actively communicate with the prosecutor and strive to change the characterization of the case at the stage of review for prosecution, so as to achieve the goal of mitigating the punishment. Of course, at this time, you can also apply for release on bail pending further investigation, or request a review of the necessity of detention.
At the trial stage, the importance of the defense lawyer is understood by most clients, because most clients even think that they only need to retain a lawyer at the trial stage. The reason is that the client or defendant most directly feels the work of the defense lawyer, that is, during the trial, it is most intuitive at this time. Other times, no matter how much the defense lawyer gives, the client may not understand.
In addition, this is also the last stage to solve the case, if you can't completely solve the problems in the case at this time and want to solve it through the second instance or retrial, it is difficult to get to the sky. It can be seen that the court stage is the most critical stage of the whole case, and in the eyes of most people, it is also the stage where it is most necessary to retain a lawyer, and even the most appropriate time. But this kind of thinking is actually inappropriate.
This can be explained in another way, for example, the three stages of a case are the same as building a building. Criminal cases are divided into three stages: investigation, review for prosecution and trial. The trial stage is equivalent to the capping of the building, and the trial stage, if you want to have good results, the premise is that the foundation of the first two stages is done well and laid firmly.
Otherwise, the outcome of the trial is unlikely to be particularly good. To sum up, if it is possible to appoint a lawyer as soon as possible in a criminal case, the sooner the better. The sooner the case is nip and the more likely it is to nip the case in the bud and resolve it as soon as possible.
Legal basis] Article 46 of the Criminal Procedure Law.
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It is difficult to say that the specific situation is not clear, but from the perspective of judicial practice, a lawyer can provide legal assistance to the parties during the investigation stage and protect the lawful rights and interests of the parties, so it is best to entrust a defense lawyer to provide legal assistance during the investigation stage.
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This should be a lawyer at the first trial! Because the role of a lawyer can be reflected in the courtroom, in court, there is a confrontation with the prosecutor or something.
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When a criminal case has already begun to be filed and investigated by the public security organs, a lawyer should be hired. Because the sooner a lawyer intervenes, the more relevant materials and evidence they will have at their disposal, which will be beneficial to your defense.
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In a criminal case, it is advisable to hire a lawyer from the date of the first interrogation or coercive measures taken by the investigating authorities. The law stipulates that a criminal suspect has the right to retain a defender from the date of the first interrogation or compulsory measures taken by the investigating organ; During the investigation, only a lawyer can be appointed as a defender.
Article 34 of the Criminal Procedure Law: Criminal suspects have the right to retain a defender from the date on which they are first interrogated by the investigating organ or on which compulsory measures are taken; During the investigation, only a lawyer can be appointed as a defender. The defendant has the right to retain a defender at any time. When the investigating organs interrogate a criminal suspect for the first time or employ compulsory measures against the criminal suspect, they shall inform the criminal suspect that they have the right to retain a defender.
Within 3 days of receiving the case materials transferred for review for prosecution, the people's procuratorate shall inform the criminal suspect that he or she has the right to retain a defender. Within 3 days of accepting the case, the people's court shall inform the defendant that he has the right to retain a defender. Where a criminal suspect or defendant requests to retain a defender while in custody, the people's courts, people's procuratorates, and public security organs shall promptly convey their request.
In accordance with the provisions of article 264 of the Criminal Law: "Whoever steals public or private property, where the amount is relatively large or has been stolen multiple times, is to be sentenced to up to three years imprisonment, short-term detention or controlled release, and/or a fine; where the amount is huge or there are other serious circumstances, a sentence of between 3 and 10 years imprisonment and a concurrent fine is to be given; where the amount is especially huge or there are other especially serious circumstances, a sentence of 10 or more years imprisonment or indefinite imprisonment is to be given, and a concurrent fine or confiscation of property; In any of the following circumstances, a sentence of life imprisonment or death is to be given, and confiscation of property is to be given: (1) theft of financial institutions, where the amount is especially huge; (2) Theft of precious cultural relics, where the circumstances are serious. >>>More
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