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The role of lawyers in criminal cases

Author: Published:2015-04-29 Views:578

In criminal cases, the important role of lawyers, lawyers in Luoyang to introduce you.
For civil cases, criminal cases and public security, procuratorial organs to deal with many, no lawyers practicing certificate, special litigation rights conferred by law is not many.
The role of lawyers in criminal cases in the whole process can be divided into:
In a stage to provide legal aid.
According to the provisions of article ninety-sixth of criminal law, criminal suspects in the investigation organ was first asked to take coercive measures or after the date, lawyers can provide legal advice, represent appeal and accusation, has been arrested, lawyers can apply for bail for the. In order to exercise these rights, shall have the right to find out from the investigation organ about the crime suspected, may meet with the criminal suspect in custody of criminal suspects, to understand the circumstances of the case.
According to the Supreme People's court in January 19, 1998 six authorities "on Several Issues concerning the implementation of the criminal procedure law provisions:" lawyers met with the suspect, shall arrange the meeting within 48 hours, for the organization, leadership, participate in the crime syndicate, organization, leadership, participation in terrorist organizations or the crime of smuggling crime, drug crime the crime of corruption and bribery, etc. more than two major complex common criminal cases, lawyers met with the suspect, shall arrange the meeting within 5 days.
In the two stage. As a defender
First, the prosecution is an important activity of legal evaluation of facts and opinions of procuratorial organs of the investigation organ has confirmed the facts and judgment. In the meantime the defender involved in litigation activities, on the one hand, can make the defendant innocent, the crime of light, to reduce or exempt the criminal responsibility of the defense, the prosecution to make the right decision to prosecute or not based on listening to the views of counsel on. On the other hand, can also be full and comprehensive understanding of the case, be familiar with the material, in order to better in court debate.
Secondly, the defenders can supervise the procuratorial organs and public security organs in litigation activities according to law, to correct the illegal detention, torture and other illegal acts, safeguard the legitimate rights of the defendant, to safeguard the national dignity of the legal system.
Finally, non prosecution of procuratorial organs in accordance with the provisions of the second paragraph of article 142nd of the criminal law to decide cases, the defender can according to the provisions of the criminal procedure law article 146th to assist the suspect to appeal to the procuratorial organs. 146th the provisions of the criminal procedure law, the criminal suspect refuses to make non prosecution decision, can 7 days after receiving the written decision to the people's Procuratorate within the complaint. The people's Procuratorate shall make a decision of reexamination, notice is not to prosecute the person at the same time, the public security organs.
According to the provisions of article thirty-sixth of the criminal procedure law, lawyers from the people's Procuratorate of the prosecution case date, consult, extract, copy the file documents, technical verification material, can meet with the criminal suspect in custody and communication. By the people's court case of the date of acceptance, consult, extract and copy the case facts of the crime accused material can meet with the defendant in custody and communication.
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