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(nickname: criminal lawyer Sike guidelines)

 

Mesh Record

One, preface

Two, the first chapter General provisions

Three, the second chapter Criminal lawyer occupation accomplishment

Four, the third chapter The relationship between the parties entrusted with

Five, the fourth chapter Proceedings in the homework tips

Six, the fifth chapter Common violations of the lawyer right phenomenon

Seven, the sixth chapter Relief channels and resistance pattern

Eight, the seventh chapter Supplementary articles

Sequence Words

Criminal lawyers, lawyers lawyers also! A man's life and family possessions, free property system, can not life, how can not do? However, rely on the relationship between good blending, Luigi Nono generation flooding; according to law, dare to struggle, straightforward, micro. Zhang Yingjun, Shu female, initiated the preparation guidelines, alternative; Yang Daxia Jin Zhu, Chen Shanren, Li Yishi, Liu Gongmin, Wei Wu Venus are good brothers, strongly seconded, serious support.

More than a busybody, examination scrutiny, Guang Ji Zhong Yi, several changes of the draft, hurriedly into the guide. Who is it is, non non non. Work not Ju, a reluctance to avoid. But expectations of the rule of law, human rights progress do little effect, and do not blame additive, and fellow not say, he Qixing Kazuya, although we can also.

First chapter The total Then

Article 1 According to the "Criminal Procedure Law of the people's Republic of China (hereinafter referred to as" Criminal Procedure Law of the people's Republic of China), "lawyer law" and related laws and regulations and judicial interpretation, summarized the successful experience and failure lessons of criminal lawyer, especially formulated the guidelines and illegal civil rights struggle experience.

Article second Criminal lawyer for the purpose of: safeguard social fairness and justice, maintain the correct enforcement of law, safeguard the legitimate rights of the parties.

Article third The criminal law should pay attention to public affairs, care for vulnerable groups.

Article fourth This guide is not the practice procedure of criminal attorney general, regular, with thick lines, suitable form of criminal lawyer in legal risk prevention, to struggle to make tips or advice.

The second chapter Criminal lawyer occupation accomplishment

Article fifth Criminal lawyers must seriously study the criminal law, especially criminal procedure law and related laws.

Each criminal lawyer must be standing on "the people's Republic of China Criminal Procedure Law", "Supreme Court on the application of criminal law interpretation," "the people's Procuratorate rules of criminal procedure" "public security organs for criminal cases procedure", "on the implementation of the criminal procedure law problems of regulations" and other legal texts.

Article Sixth Criminal lawyers handling cases must be carefully check the complete dossier on the case, a comprehensive grasp of the facts of the case, the evidence.

Article seventh Criminal lawyers should have good knowledge of law, reasonable knowledge structure.

Article eighth The criminal law must have good written expression ability, make accurate expression, language specification.

Article ninth The criminal law of oral expression should sentence fluency, tight logic, clarity, distinct.

Mandarin as the basic form of the language, such as the use of Putonghua is difficult, need for speed slow down, if necessary with the written word, the basic requirement is that the audience understand. (Yang Jinzhu lawyers should pay special attention to the provisions of this article)

Article tenth In the practice of criminal law must pay attention to appearance, the male should dress appropriately, comport oneself decently; female not outlandish costume, behavior is.

Article eleventh Should respect the judges, prosecutors, investigators and regulatory staff of the government staff in the practice activities.

If the other party does not respect the law or insulting behaviour, in a rational, be neither humble nor pushy behavior of.

Prohibited in criminal law to all public authorities or staff to kneel.

Article twelfth No criminal lawyer to all property and other interests and public authorities for blending behavior.

Serious contempt form, acting lawyer lawyer.

Extreme contempt to all color blending of staff of the government behavior.

The third chapter The relationship between the parties entrusted with

Article thirteenth Accept the entrustment shall be strictly in accordance with the provisions of the way and process.

Article fourteenth It is forbidden to make for the client commitment.

Article fifteenth If the client is the defendant or criminal suspect relatives, for the first time meet the defendant or criminal suspect, best to get my confirmation.

Article sixteenth The client requests to terminate the entrustment relationship, shall comply with the intentions of the trustor remove entrust, contract of a specific agreement, in accordance with the contract.

If the original materials have the parties submitted, take the initiative to return the party. The new lawyers need to communicate and understand the situation, should be given to cooperation.

Article seventeenth In view of the Beihai River in the case, case lawyer "is not" could be as a "successful" application, according to the actual circumstances of the case of criminal lawyer possible defence lawyer "is not" case, and the parties to the proposed law "Zhu Ruifeng clause". And the parties concerned, the signature and fingerprints.

The "Zhu Ruifeng terms" including but not limited to the following:

(a) I confirm my relatives such as lawyer law firm I hired someone to my counsel (or I have commissioned a lawyer so I advocate);

(two) any units and individuals including my family made invalid replacement lawyer or official law decisions are against my will;

(three) without my lawyer and a face recognition, even if I am writing theirs requirements for lawyers is invalid.

(four) I can't refuse a lawyer as my counsel".

Article eighteenth Criminal lawyers accept the Commission, in accordance with the provisions of the Criminal Procedure Law shall promptly inform the unit; the Supreme Court judicial interpretation of the provisions of court within three days submit formalities.

Submit the procedures is a form of notification, if time or conditions allowed to submit the procedures and related materials; if the conditions or time is not allowed, can also be other ways (such as telephone, fax informing the court can confirm the way) three days to inform, to the court rejected lawyer participating in litigation, the method in clear violation of the provisions of the criminal procedure law.

Article nineteenth The service fees should be determined in consultation with the parties fully.

   Break free life, worthless backward, wrong idea; criminal and civil service charges to break the wrong idea.

Article twentieth According to the circumstances of the case, especially the public authorities serious illegal cases, need to take legal provisions but not illegal way, should fully communicate and party, can confirm in writing, to determine the best in written form.

The fourth chapter Proceedings in the homework tips

The first section The investigation stage

Article twenty-first The detection stage attorney is the identity of the defenders, so in addition to the criminal law article36The provisions of the work, can also according to criminal law article35The provisions of article, as a defender can all work, including investigation, defended the views.

Article twenty-second The period of detention shall be in accordance with the criminal law article89To implement the provisions of article. Not every case is the longest37Day rule.

As the investigation organ violates the Criminal Procedure Law89Provisions, must be timely made a formal legal advice.

Article twenty-third The criminal law article95The increase of counsel require a change of coercive measures. Should learn to grasp, and started to use.

Article twenty-fourth The criminal law provides legal advice (to arrest86Article second), the investigation organ to take legal advice and counsel of volumes (written comments159The provisions of article). The criminal law should give full attention to.

Article twenty-fifth The criminal law article160The provisions of the end of the investigation organ investigation should be prosecuted, inform the undertaking lawyer. If the violation of the regulations, must be formally put forward its illegality.

The second section Stage of review and prosecution

Article twenty-sixth According to the criminal law article38New regulation "defense lawyers of the people's Procuratorate date, consult, extract, copy the file material". The prosecution lawyer any restrictions on the exercise of this right behavior is illegal.

Article twenty-seventh The criminal law article170A (original139The provisions of the people's Procuratorate for examination) "case, shall interrogate the criminal suspect, to listen to the defendants, victims and their legal representatives, and record. The defender, the victim and his litigation representative put forward written opinions, shall be attached". This provision has been neglected for a long time, more attention should be paid to the authority, in violation of this provision, must put forward the solemn legal advice.

The third section The trial stage

Article twenty-eighth The lawyer has the right in court10Recently obtained a copy of the bill of prosecution (182In the first paragraph).

Article twenty-ninth The lawyer has the right in court3The appearance notice, but the application of summary procedure, not rigidly adhere to the written notice.

Article thirtieth The lawyers may request the court summoned before the court session; the court before the trial initiative called the meeting, lawyers shall have the right to request to participate in the.

Article thirty-first The Supreme People's court for "the people's Court judicial police safety inspection rules" provisions of article sixth "judicial police to enforce safety inspection: (a) to prosecutors, lawyers shall appear in court to perform the duty personnel, should carry out effective certificate examination and registration; (two) to participate in the activities of the participants in the proceedings, the trial of third people and to audit staff, the document examination and registration at the same time, also should make personal safety inspection, carry on baggage security check."

The court shall not be required to go to trial lawyers for security, if the court is required by law to appear in court to perform the duty lawyer security, considering the occupation dignity, dignity, the dignity of the law, it shall refuse to.

Article thirty-second According to the criminal law article31The provisions of article, defense lawyers, lawyers have made the right to evade.

Mentioned in the preceding paragraph right in the investigation, avoid prosecution and trial procedure can exercise.

According to "the Supreme People's Court on Six Provisions" open justice, basic situation can be required to disclose the sole judge, the members of the collegial panel, members of the judicial committee, in order to avoid the right to cut the.

Article thirty-third Need to be in court to start exclusion of illegal evidence, witnesses, for the new evidence submitted from the situation, saving judicial resources, improve judicial efficiency, the realization of judicial fairness considerations, the best forward in the pretrial conference, no surprise attack.

In the investigation, prosecution stage can also be made illegal evidence exclusion.

Article thirty-fourth In the process of trial need to speak, request the judge agreed to be. Do not use with insulting, demeaning, do not respect the members of the court, the public prosecutor, the defender, agent of other language.

Criminal lawyers can speak in court stand.

Article thirty-fifth The trial lawyers from the principle of presumption of innocence, respect the defendant dignity consideration, can put forward to remove the defendant prison uniforms, equipment recommendations to the court.

Article thirty-sixth Administrative organs in administrative law enforcement and administrative cases or collected in the process of evidence, and adopt the measures of technical investigation to collect evidence, in criminal proceedings can be used as evidence, but not of course can be used as "verdict", must be verified by the court before it can be used as the basis for decision.

Article thirty-seventh To prove the defendant confession, confession, criminal evidence shall be stamped with the seal of the receiving unit or personnel signature.

Article thirty-eighth Suggested the formation of the defense opinion draft before the court, after the hearing, as soon as possible to complete the defense opinion court.

Do not advocate the submission of defence.

Firmly opposed, prohibit criminal lawyer submitted to the court before the trial the defense opinion. If the court request, must reject.

Article thirty-ninth The correct understanding of the true meaning and function of the criminal law on the victim's agent and provisions of plaintiffs of the supplementary civil action of the agent, the legal position and function of the two different, can overlap, but not the latter instead of the former.

Article fortieth Understanding of the Supreme Court on criminal law interpretation of article249Article, article250The provisions of the spirit, to respect the rules of the court, does not represent the legitimacy agree with provisions.

Article forty-first If the disclosure is necessary, in the process of non - "court" of time, can be "communication on the court".

"During the court hearing," should refer only to the process of the trial. If the court to broaden the interpretation, the interpretation of the principle of public trial in clear violation of the constitution, shall fight.

Article forty-second After the trial, lawyers should be read, check the trial transcript, if wrong, should be corrected. The court request signed, shall be signed.

Article forty-third The court decided that the accusation and the accusation is inconsistent, the court shall listen to the opinions of the defender before the judgment, when necessary, lawyers asked the court to reopen.

Article forty-fourth Defense attorneys have judgment rights, the court shall serve judicial documents.

Article forty-fifth The defenders to appeal by the defendant, the defendant as to the appellant; defenders can be listed the people appeal.

Article forty-sixth A comprehensive understanding of the Supreme Court on criminal law interpretation of article325Regulations on the appeal not infliction, dispel the concerns and wrong understanding of appeal.

Article forty-seventh According to the Supreme Court judicial interpretation of article103The provisions of article, the second instance can be made if there is a problem of illegal evidence exclusion, exclusion of illegal evidence in a trial, should be in the appeal in the "findings" relevant evidence against a trial court to collect the legitimacy of the facts and reasons

Article forty-eighth As a defender in the death penalty review, in accordance with the provisions of the criminal law article239Provisions, submit their opinions to the collegiate bench; if there is new evidence may be the conviction and sentencing of, must submit evidence to the court.

The fourth section Special tips practice activities

Article forty-ninth The criminal law to the public authorities to perform his duties, the authority shall access from personnel or other public authorities of passageway.

   Against the law go crooked ways doings.

Public authorities banned the lawyer from the first paragraph of this article shall be channel access, protest.

Article fiftieth According to the principle of "follow even their own hard", criminal lawyer, particularly in handling sensitive or with the public against the intense cases, to "deny self and return to propriety", banned bathing room, dance hall,KTVSo easy "prostitution", be blackened places.

Travel and accommodation, the room not to let the strange heterosexual entered. Vitality and conditions allow, can with the spouse to, but have to carry that can prove the relationship between husband and wife.

Article fifty-first At the meeting that the defendant or criminal suspect subjected to torture to extract confessions, and have relevant evidence or clues, ought to sue on behalf of; exclusion of illegal evidence is put forward in time.

Article fifty-second Meeting with the parties, must inform the entitled to all legal right of action.

Article fifty-third Criminal lawyers submitted evidence to the public authorities, shall be required to issue a receipt.

Article fifty-fourth According to the criminal law article286The provisions of compulsory medical cases, lawyers can be used as an agent.

Article fifty-fifth The illegal income confiscated program law can also participate in the litigation as an agent.

The fifth chapter Common violations of the lawyer right phenomenon

Article fifty-sixth The lawyer right infringement:

(a) requires two lawyers met;

(two) failed to48Hours arranged to have the lawyers will;

(three) to meet specific detainees is required and the interviewee gay personnel to participate in the;

(four) monitor the attorney meeting;

(five) to meet with a lawyer for the personal search, security;

(six) for "three certificates" issued by lawyers outside documents or materials;

(seven) does not arrange the meeting on the grounds of change and;

(eight) the lawyer owned equipment.

(nine) requires lawyers to local authorities for the record the license or the;

(ten) to the local authorities formulate provisions different from the criminal law for the reason not to arrange the meeting.

If in prison criminals are required to meet two lawyers, according to the provisions of the Ministry of justice "lawyers to criminals in custody shall comply with the Interim Provisions"; but do not represent the identity legitimacy of this provision.

 The lawyer to meet the improper application of the law or the legal formalities of obsolete and rejected, not strong competition.

Article fifty-seventh The following acts infringe lawyers:

(a) not to let the lawyers consulting or copying all the files material, except as otherwise stipulated by law.

(two) only refer to are not allowed to copy;

(three) copy files to charge more than the cost price cost;

(four) aid case charges not in accordance with the provisions of the;

(five) forced the lawyer to copy files, and charge a fee;

(six) the investigators had not see and don't let the lawyers.

Article fifty-eighth The following acts of lawyers right infringement behavior:

(a) in the trial does not let the lawyer issued examination opinions or views comprehensive published evidence;

(two) not to let the lawyers make an argument or make an argument full;

(three) compel the lawyer issued examination opinions or views on defense.

This article (a), (two) provision, lawyers, independent opinions except repetition.

 Article fifty-ninth The lawyer was asked by the local authority in practice license or filing.

 Article sixtieth The security of participating in litigation activities, to perform the duty lawyer, belong to violate lawyer right, personality dignity act.

 Except for the public authorities personnel security.

The sixth chapter Relief channels and resistance pattern

 Article sixty-first In criminal proceedings, violate the lawyer's practice right, litigious rights, first of all should be in accordance with the criminal law article47Article,115The provisions of the relief.

In this chapter, other all are referred to in the preceding paragraph shall be carried out in the way of relief is invalid.

 Article sixty-first Criminal lawyers to illegal public authorities and their staff all higher level units or leadership (including but not limited to the procuratorial organs at all levels, all levels of NPC Standing Committee and the House Judiciary Committee, politics and Law Committee, all levels of discipline inspection departments).

 He must have clear facts and legal basis, shall not insult or slander.

He shall have a written complaint, complaint should include the following contents:

(a) the basic situation of the case;

(two) the illegal facts and tell basis;

(three) clear illegal organ or personnel;

(four) specific requirements

(five) the evidence necessary.

Verbal heads, the number of personnel or behavior should be the relevant provisions should not be beyond the law.

Article sixty-second The lawyers can be illegal for public exposure with all legal means or.

If the case involves state secrets, the exposure is not leaking state secrets.

Article sixty-third When the public has no law, unreasonable, the lawyers can not be normal defense or justification has no practical significance, can consider the silent defense.

If you need to use the mode, and the parties must fully communicate, to fully explain the possible adverse consequences, and with the consent of the consent of the parties concerned, the best confirmed in writing.

Article sixty-fourth When the guide fifty-eighth, sixty-third cases, lawyers can be retired, but the risk, to render the consequences is necessary to judge and predict.

Article sixty-fifth The ad hoc group crimes, public security joint handling the case, should dare to point out main investigation, illegal procedure.

Article sixty-seventh For the existence of the illegal evidence exclusion, must put forward requirements; if there is torture to extract confessions, must be on the implementation of torture to extract confessions complaint, constitute a crime should be prosecuted the criminal responsibility.

Article sixty-eighth Criminal lawyers can protest by the following ways for serious illegal public authorities:

(a) wear lawyer robe in illegal organ walking in front of;

(two) give staff illegal organ free "Criminal Procedure Law of the people's Republic of China";

(three) to the illegal organ shall give the sweet potato, but to ensure that the gift of sweet potato quality and delicious, not presented with black heart and skin bright and internal rot of sweet potato.

Article sixty-ninth If the case the large number of parties and no conflicts of interest or impact of the case, difficulty big, can make legal service coordination, organization of lawyers group.

Lawyers is a temporary legal service team, task completion disbanded. Lawyers shall not engage in any illegal activities.

The seventh chapter Supplementary articles

Article seventieth This guide is not binding and authority, to provide reference for the criminal lawyer.

Practice, practice ability, lack of fighting spirit cautious application. As applications have adverse consequences, publishers, authors do not bear any responsibility.

Article seventy-first This guide author no more no bile and public authorities for the "legislative", refused to use "legislative" to pursue the responsibility of.

Article seventy-second The interpretation of all.

Article seventy-third The effect of starting and ending time for No.