Criminal legal aid cases suspicious appearance and movements type

The plot of the voluntary confession

Nantong Chongchuan District Legal Aid Center

Zhu Guoqing

July 12, 2008

 

In September 1, 2003 the State Council "Legal Aid Ordinance" started, clear legal aid is the responsibility of the government, amendments added in "constitution" article twenty-fourth of the third paragraph: "the state respects and safeguards human rights" in March 14, 2004 the people's Republic of China Constitution, revised in September 23, 2005 "Jiangsu Legal Aid Ordinance", these measures from the legal level constantly improve my China's legal aid system, brings new opportunities for the development of the cause of legal aid.

In accordance with China's "criminal law", "Legal Aid Ordinance" provisions of the designated defense, criminal cases mainly has three kinds: one is the defendant may be sentenced to death, counsel did not entrust the; two is a minor is the defendant, counsel did not entrust the; three is the defendant is deaf dumb people, counsel did not entrust. The legal aid center according to the division of management after two kinds of criminal legal aid cases.

Since 2004, the criminal legal aid work in our region gradually on track, shall be appointed defense of criminal cases where the District People's court, District People's court according to the provisions, the specified district legal aid center appoint lawyers to the accused. From 2004 to 2008 in June, I District Legal Aid Center handled 232 cases of criminal legal aid[i], which relates to the plot have 46, accounted for about 20% of the criminal legal aid cases. Because these two kinds of criminal legal aid cases the accused crime is lighter, the case is relatively simple, and the legal lighter or mitigated punishment plot. The general cases of minors is usually for summary trial, the prosecutor did not appear in court, not in open trials, social influence is not big, the media often do not pay much attention to these two kinds of cases. Therefore in the judicial practice, some people think that for these two kinds of criminal legal aid cases less important. Some prosecutors, judges think, just because the special provisions of law was appointed defense lawyer, otherwise can not need a lawyer, a small role of lawyers in the criminal legal aid cases, often follow the indictment go, what the indictment, defense lawyers with what to say. But the judicial administrative organs or legal aid center staff that, in such cases the simple case, there are five "a" is enough, that is: one hour, one hour meeting, marking an hour to an hour, defense, court filing a hour, sometimes some stage does not need an hour. So, in general each spend hundreds of yuan case subsidy cost, the case to some lack of experience in handling cases of young lawyers to complete. As the host of the lawyer handling it directly, because the simple handling, less subsidies, social aspects and pay less attention to the subjective initiative, restrictions on the part of the lawyers, some lawyers may not make deeper analysis and Research on the case, but by feeling for handling. From the analysis of the defendant's point of view, because minors or deaf and mute person who is the defendant, their cultural level is not high, know very little about the basic knowledge of law, the household registration is usually in the field, the economy is more difficult, because most of them are making is light crime, the people's court for guilty the general judgment, short sentences, of which a considerable portion of people was applied to probation. In this way, the defendant even with comments on the decision, even if the wronged, they often choose not to correct the appeal. In addition, according to the provisions of the regulations of legal aid, the two kinds of legal aid in criminal cases of First Aid Center hosted by the county level, the second by the municipal Aid Center hosted, and does not specify a level assistance center after the verdicts county must again meet with the parties, asked whether the appeal. That is to say, these two kinds of criminal legal aid cases even wrong, there are fewer correction. Based on the above reasons, resulting in a part of the legal aid cases appear rational not argue the case.

The author intends to voluntary surrender of criminal legal aid cases were preliminary analysis and discussion, put forward in identifying suspicious appearance and movements surrender the views and suggestions, in order to unify that scale, protect the legitimate rights of the defendant in accordance with the law, do the penalty according to the image, while maintaining due to legal aid.

A plot of the legal basis, cognizance

China's "criminal law" the sixty-seventh stipulation: "after the voluntary surrender, the confession of his crime, is surrendered. Criminals surrender may be given a lighter or mitigated punishment. Among them, the lesser crime, may be exempted from punishment. The coercive measures of criminal suspects, defendants and is serving a sentence, the confession of the judicial organ has not grasped myself other crimes, to surrender." "Interpretation of the Supreme People's Court on the treatment of voluntary surrender and meritorious service for several issues on the specific application of law" (Law Interpretation (1998) No. 8) in the first article in the interpretation of the expansion of surrender. In addition to "the voluntary surrender of criminal law" provisions of the two paragraph, add "regarded as voluntary surrender", namely "the criminal suspect to their units, urban and rural grassroots organizations and other relevant responsible person surrender; the suspect due to illness, injury or to mitigate the consequences of the crime, entrust the first generation to surrender, or to letter to the crimes by judicial organs; not only that, because of suspicious appearance and movements by the relevant organization or judicial authorities questioned, education, active confessed to their crimes; escape after committing a crime, is wanted, in the chase, voluntarily surrender; the investigation is ready to surrender, surrender or are on the way, by the public security authorities captured, it shall be regarded as voluntary surrender. Not for the suspect, but by the relatives and friends, accompanied with surrender; the public security organs inform the suspect's relatives, or friends to a report, the suspects will be sent to surrender, it shall be deemed that the voluntary surrender." plus August 27, 2003 "the Supreme People's court research about how to understand the issues related to crime suspect automatic reply" (Law No. [2003]132) ", in March 26, 2004, the Supreme People's Court on the defendant on behavioral explanations whether the effects of surrender a problems replied" (France - [2004]2. These provisions of law and judicial interpretation of the constitute the legal basis of the system of Chinese criminal.

The main differences between the two, the theory

The dispute is easy to cause the handle in my district legal aid center of criminal legal aid cases, mainly from the "crime is not discover judicial authority, only because of suspicious appearance and movements by the relevant organization or judicial authorities questioned, education, as the initiative to confess his crimes" voluntary surrender, surrender of suspicious appearance and movements there are different understandings of the. For the identification of suspicious appearance and movements surrender, summed up in theory are generalized and narrow sense two kinds of views.

The broad view think, understand the voluntary surrender should not be too narrow, so as to promote the case quickly concluded, should be identified as "automatic", shall truthfully confession crimes of surrender. Evaluation of the value of surrender, to measure the factors of three aspects: one is the subjective aspect of the crime of malicious degree and damage caused by the degree of actual; two is the crime of the consequences of the crime remedy; three is for the country save how many crimes and trial expenses. From the evidence, legal perspective, surrender significance lies in saving judicial resources, reducing the time and effort to collect evidence. Identification and treatment of surrender, whether it is "caught", or "head" from his confession ", Chen", as long as the surrender of the intention, has the actual value of surrender, surrender shall be identified. The essence of voluntarily surrender, isn't the person from the custody within the process, but the parties act on their own initiative to confess a crime, which itself from a has not yet been found guilty, has not been arrested people, become a cases committed by sinners. One case occurred somewhere, probably the victim did not report, may also have been reported but not identified the suspect who. If people insist not to say, no explanation, just found stolen goods, and there is no way between the booty and specific cases to create a link, criminal cases can not be cracked, cannot improve the situation in order to achieve the standard of evidence indictment, action links still cannot be. As long as the established to account the fact behavior between the facts of the case and the suspect linked, it can be considered as voluntary surrender to be found.[ii]

The narrow view, suspicious appearance and movements to the judicial organs and the relevant organization specific people move and look on the unusual, only by experience or individual cues, evidence, that particular person suspicious; suspected of a crime refers to the judicial organ mastered enough to conclude that the specific implementation of a crime objective facts, evidence or clues, through logical judgment so, that is suspected of people have great suspicion. "Suspicious appearance and movements surrender" refers to the judicial organ in did not master enough to conclude that someone out some crime evidence, clues, only by experience or individual cues, evidence of suspected people for questioning, investigation or education, suspected of being a legal fiction of surrender active truthfully confesses his crime. The constitution as a "only because of suspicious appearance and movements are questioned" + "active truthfully metasomatism crimes". "Suspicious appearance and movements that surrender", first we must accurately grasp the nature and scope of the suspicious appearance and movements, should also master the relationship and difference between the suspicious appearance and movements and suspected, because the crime suspect once established, means "suspicious appearance and movements surrender" in "crime has not yet been premise cannot find the establishment of judicial authority". Suspected as truthfully metasomatism, judicial organs whether control objective, according to reasonable doubt is suspected of a crime to implement evidence or clues, is the essential difference between suspicious appearance and movements and suspected, not because of suspicious appearance and movements by judicial organs, such as education and examination real confession crimes, all identified as active account. If the judicial organs have mastered enough reasonable doubt the specific implementation of a crime evidence or clues, or Xiang Qi to produce relevant evidence, or by the relevant evidence for questioning or education, expose flaws and lies in its statement, suspected person feels unable to conceal and metasomatism crimes, due to inconsistent initiative account, can only be identified as frank. Can not be understood as a specific crime suspects must be sufficient evidence. Find the "find" crime, refers to know (or didn't notice things hidden), rather than "confirmation" or "know". Although the judicial organs for criminal facts and evidence to master's degree still can not fully prove the facts of the crime, but by virtue of the existing evidence sufficient to reasonable doubt the specific implementation of a crime, even if this fashion can not understand the crimes charges and the specific situation, should be considered to establish the crime suspect, by judicial organs found. Indeed, the evidence is sufficiently accurate public prosecution and trial evidence standard, not the "reasonable doubt" standard. Not the judicial organs whether the specific people and the investigation cases as suspicious appearance and movements associated judgment standard. To prevent some of the facts of the crime suspect before was found suspicious appearance and movements as a treat.[iii]

In the judicial interpretation has the same number of account of crime is defined as honest plot, rather than surrender, so, in the premise of exclusion of metasomatism of same crimes, the author has reservations with the broad view. Because the law does not clearly define the suspicious appearance and movements, because in the judicial practice and in theoretical circles on the understanding and use of suspicious appearance and movements are different, in case the uncertainty of the results, lead to the same crime different punishment results.

Six kinds of case three, involving the voluntary surrender of criminal legal aid cases

For presentation convenience, the public prosecutor, defender and the judge of voluntary surrender attitude, which is that the plot, the defender is proposed plot's point of view, the people's court to surrender the circumstances are recognized in this perspective, the criminal legal aid cases I District Legal Aid Center is divided into six kinds of situations:

(a) the indictment did not identify voluntary surrender, the defender did not put forward the plot's point of view, the people's court has not involved in the plot. This situation in 232 parts in 186. (two) the indictment did not identify voluntary surrender, the defender did not put forward the plot's point of view, the people's court to surrender the plot to be found. This situation in 232 in only 2. (three) the determination of voluntary surrender, the defenders of course the plot's point of view, the people's court shall determine the general plot. This situation in 232 parts in 24. (four) the determination of voluntary surrender, the defenders of course the plot's point of view, the people's court shall not recognize the plot, the center was not found in the case. (five) the indictment had not recognized plot, plot defense counsel, the people's court to voluntary surrender had not recognized. This situation in 232 parts in 13. (six) the indictment had not recognized plot, plot defense counsel, the people's court shall determine the plot. This situation in 232 parts in 9.

Four, example and analysis

(a) the indictment did not identify voluntary surrender, the defender did not put forward the plot's point of view, the people's court has not involved in the plot.

In the District Legal Aid Center hosted the criminal legal aid cases, accounting for about 80% of the criminal legal aid cases not covered by voluntary surrender, that belongs to this kind of situation. Open the files of the case, we found that there are a part of the defendant at the scene of the crime is not captured, but after the implementation of end has left the scene was captured in a crime. I worry about whether, in such cases have surrendered plot. In the case of not identified, the defendant may also have surrendered plot, possibly because defenders omissions and errors, did not put forward to surrender the defense point of view, lead to the people's court should judgment is not related to plot.

(two) the indictment did not identify voluntary surrender, the defender did not put forward the plot's point of view, the people's court to surrender the plot to be found.

Case 1[iv]Zhao, Guo Mou theft, Zhao, male, 17 years old, Shandong City, Zaozhuang Province, during the period from June 30, 2004 to July 4th, the ganged Kwak, three people in the city garden community, with a brick and screw the hand lever auto glass, into the 11 car theft, a total of theft cash 1200 yuan, causing the loss of property 3500 yuan. July 4, 2004 morning, they enter the theft of a car in the South Village failed, namely, fled the scene, the scene in the distance about three thousand meters north of Hongqiao Road, because of suspicious appearance and movements were brought to the police station for questioning, Zhao that account for their crimes.

Case 2[v]Liu x robbery. The night of July 9, 2005, Liu XX with another defendant in a cafe near the city, a small stone bridge robbery mobile phone, PHS each one (value 1310 yuan) and 50 yuan in cash. The next morning, Liu woman street, the city in stolen goods because of suspicious appearance and movements by the police inquiry, active truthfully confessed robs the facts of the crime.

The indictment did not recognize surrenders, the defender did not put forward the accused has surrendered plot's point of view, the people's court found the plot, this kind of situation in the center only occurred in the two cases. This kind of situation, will let the lawyers to shame, will let the legal aid's image suffered some damage, but also that of the author of the first case handling quality concerns are not redundant. The author thinks that the prosecution organ as the prosecution did not put forward the plot, is still as excusable, but the defender is different. His duty is to help the defendant shall not subject to criminal punishment or can be reduced, a lighter punishment, the defendant accused light plot not to mention, even when the judge to direct that, instead of the defenders to perform their duties, the defender perform defense duties not.

(three) the determination of voluntary surrender, the defenders of course a plot of the defense point of view, the people's court shall determine the general plot.

Case 3[vi]Shi Moumou fraud. Shi Moumou, male, 17 years old, Nantong city in 2007, April to July, Shi Moumou to borrow, borrow a mobile phone battery car, motorcycle go out to buy things on the grounds, diddle Qin et al two car batteries, motorcycle car, mobile phone four, the value of 15270 yuan. After applying the mother accompanied by the public security organs to.

Case 4[vii]Jia Moumou theft. Jia XXX, male, 17 years old, Lianyungang City, during the period from March 12, 2007 to 21, Jia Gang 5 people stealing electric cars, motorcycles and other value 11574 yuan. March 21, 2007 morning, the police in the north outer ring road stone bridge, found 5 people on suspicion of Jia (carry a plier, special unlocking tools), was brought to the police station to understand the situation, Jia is confessed the crime.

Case 5[viii]Shen x intentional injury case. Shen XXX, male, 17 years old, Chongqing, a restaurant waiter, December 18, 2006 morning 10 when make, their colleagues and Wu as a result of a trivial dispute, Shen from the kitchen out kitchen knife will victims Wu head cut, appraisal conclusion as seriously injured. The police station by 110 orders quickly came to the scene captured Shen, Shen is the replacement of the facts of the crime.

For the three case, the determination of voluntary surrender, advocate the defendant have surrendered plot's point of view, the people's court also identified the plot. This kind of case is relatively more, the center handled 24 pieces, as the lawyers handling such cases, can spend less energy, defense opinions can easily get the Court adopted without any risk.

(four) the determination of voluntary surrender, the defenders of course the plot's point of view, the people's court to surrender the plot was not found.

Case 6: a traffic accident case. The Wang Mou of the accused person, driving the van will ride a bike people down, Wang had a 110 call, then, sent the injured to hospital, the injured died soon, then, Wang in the hospital was criminal detention. The indictment that voluntary surrender, the defenders and the defendant have surrendered plot's point of view, but the judge in the morning session, that the defendant confessed lack of evidence, the summary proceedings, prosecutors did not appear in court, the defense helpless, had to apply to a judge adjourned the case until, afternoon to hear. At noon, the lawyers accompany the party came to the telecommunications sector, query the defendant in the call records, to prove that the defendant did use their mobile phone to dial 110, then the lawyers to carry the call records to the departments of public security, public security departments in this period was confirmed it received a mobile phone call 110 alarm traffic accident case the telephone. Afternoon, the undertaking lawyer shall submit evidential materials a new investigation, the judge that the plot.

The author from a similar case was not found having completed the center of criminal legal aid cases, Wang traffic accident case by a lawyer friend learned. Such cases are rare in practice, but it is likely to occur, as the lawyers also should have corresponding thought preparation.

(five) the indictment did not identify voluntary surrender, counsel have surrendered plot's point of view, the people's court shall not recognize surrenders plot.

Case 7[ix]Zhang Moumou theft. Zhang Mou, male, minors, Shandong City, Tai'an Province, during the period from October 25, 2005 to November 9th, the implementation of five cases of theft, theft have five car batteries, the value of 7080 yuan. November 9, 2005 19 am implementation theft car left the scene, that evening 21 when make the police find the suspicious appearance and movements riding a battery car, its stopped questioning, the car battery source is not clear, confessed the crime.

Case 8[x]Sun: a theft. Sun, the deaf mute person, male, in 1959 October 30, Haian County, Jiangsu province. In November 9, 2006 12 when make, sun Moumou together with two other deaf people in the world Wenfeng City Mall two floor by the theft of four sweater, cotton piece, the value of 1630 yuan. Sun took the dirt out of the mall, the mall at a distance of about one kilometer, mass being seized and turned over to the police station, Sun Mou confessed the crime. The people's court had not recognized plot reason, make a reasonable explanation sun unable to loot a source of clothing, so had to choose to confess his crimes, the replacement is forced to make in evidence before the move, which belongs to the passive account, do not belong to surrender.

Case 9[xi]Yue x theft. Yue x, the deaf mute person, female, born 29 January 1985 in Datong, Shanxi province. The afternoon of May 6, 2007, Yue x three deaf people in the South Street, Tian Qi clothing store until the local stolen Ericsson mobile phone three (value 3530 yuan) and RMB 65 yuan. The three defendants were after taxi fled to Nantong bus station is the station manager seized and turned over to the bus station. The people's court, "the three defendants after committing the crime in the taxi driver on the spoils, their behavior suspicious and will inform the Nantong bus station administrator, the administrator and the defense team will be three people reported to the police station, the police in three men seized a sheaf of RMB, a few mobile phone, wallet. This fact has not yet been discovered the theft of stolen goods, but the holding state illustrates the three defendants not only suspicious appearance and movements but also criminal suspects, defendants are three passive account, do not constitute a surrender."

Case 10[xii]Zhang a robbery. Zhang Moumou, male, 17 years old, Henan Xuchang person, in June 6, 2007 to 8 in the evening, with pre buy a knife, sealing tape and other tools, for single women in the vicinity of the city, a small stone bridge, for the crime of robbery, did not succeed. The people's court that "because of its carrying a knife, sealing tape and other tools for committing crimes is captured, the public security organs have mastered certain crime evidence on the question, therefore does not identify voluntary surrender.

Such as the type of criminal legal aid cases there were 8 pieces were not identified, the plot, the plot of the Defense per capita defense point of view, the people's court to plot were not found. Another 5 pieces of criminal legal aid cases, belonging to the accused confessed the crime of the same species, the lawyers are put forward defense opinions plot, according to judicial interpretation, this should not be regarded as voluntary surrender, may be the lawyers do not understand the provisions of the relevant judicial explanation, and made a plot of the defense.

(six) the indictment had not recognized plot, plot defense counsel, the people's court shall determine the plot.

Case 11[xiii]Shao Mou theft. Shao Mou, male, minors, Jiangsu Sihong county. In July 28, 2004, the night of August 4th, along with two other defendants in the Holiday Plaza office stolen car battery two vehicles valued at 2470 yuan. Shao Mou and the other defendants in criminal after the battery car ride through Hongqiao Road, Hualian Supermarket, because of suspicious appearance and movements by the public security police station staff to review the vigil, two people confessed his crime.

Case 12[xiv]Lee theft. Li Mou, male, minors, Jiangsu province Tongzhou City, in September 4, 2005, 5, two electric bicycle theft, the value of 2310 yuan. In September 5, 2005 second electric bicycle theft, Lee rode in the car came to the peace road, night watch police think the suspicious appearance and movements questioned it, found that the car is stolen, after further review, Lee explained the facts of the crime.

Case 13[xv]Kang and theft. Kang XXX, male, minors, the Jiangsu province Rudong county. In October 17, 2005, 22 day and night, Kang x into roommate stolen cash 1100 yuan, Dell notebook computer and mobile phone Motorola one, the value of 7550 yuan. On 27 August to carry around a tool to silver garden surrounding small traders quarrels, the police next 110 police arrived at the scene, Kang XXX see police arrived on the scene, quickly left the scene, police see Kang so suspicious appearance and movements, the stopped questioning, and searched from their body tools, Kang is the account of a crime the facts. Subsequently, the police to their rented hotel found stolen goods.

Case 14[xvi]Song x theft. Song XXX, male, minors, Yunnan Zhaotong city during the period from 2005 December to 2006, February, together with three other defendants implementation theft nine times, theft of 13 car batteries, the value of 21940 yuan, a huge amount of. March 1, 2006 morning, the police patrol in the city community captured carrying plier suspects song, the song is confessed the crime.

Case 15[xvii]Fan x theft. Van XXX, male, born in August 21, 1984, Inner Mongolia deaf people, Wuhai City, on January 11, 2007 afternoon 16 when make, fan X came to the city people's road all Internet cafes using pick means to steal the dorsal gray cool single Cheung pocket type 728 straight mobile phone a, after identification, the mobile phone value 2370 yuan. Jiangyin City West Station in the examination of Jiangyin Hongyu Hotel 105 rooms on the fan and grilled, fan x is confessed the crime.

In such cases there were 9 cases, the indictment did not recognize surrenders, advocate the defendant have surrendered plot's point of view, the people's court judgment that the plot. To undertake the case this situation, should be the great success of contractors lawyers, to safeguard the legitimate rights and interests of the defendant at the same time, but also adds luster to the legal aid image.

A comparative analysis of the above six kinds of legal aid cases, the public prosecutor, defender, judge on voluntary surrender attitude, focus differences mainly concentrated in the five, six two kinds of circumstances, namely when the indictment did not recognize surrenders, advocate the defendant have surrendered plot's point of view, if the people's court judgment. The plot of the problem. Comparison of the five cases, six two cases, they all have one thing in common: the accused by the public security authorities for questioning because of suspicious appearance and movements, and the large number of such defendants at the body carrying tools or stolen money. When the people's Court of voluntary surrender, the "defendants with tools or stolen money" does not specifically state; when the people's court shall not recognize surrenders the plot, while the "defendants with tools or stolen money" this plot is presumed, the defendant is in the face of these evidence public security organs have been mastered, to explain, is passive rather than active account, account, which is not in accordance with the law interpretation (1998) No. 8 judicial interpretation "crime is not discover judicial authority, only because of suspicious appearance and movements by the relevant organization or judicial organs disc asked, after the education, take account of his crime." this is regarded as the provisions of surrender. While the general because of suspicious appearance and movements are cross examine relevant organization or judicial authority, defendants are more or less with tools or stolen money. Compared with third cases of voluntary confession of the case, and the five, six two kinds of situations in the case of the defendant. The details are similar, the difference is not large, but the public prosecutor, judge's attitude has ups and downs, uncertainty.

The author thinks that "suspicious appearance and movements" itself contains "defendants with tools or stolen money" feature. According to the law interpretation (1998) No. 8 judicial interpretation, the only explanation for is voluntarily surrender, not the defendant passive surrender conclusion by reasoning. The public prosecutor, judge on the plot of that attitude has large fluctuation and uncertainty, the theory that the suspicious appearance and movements. There is great difference, this provided a relatively wide space for host defense lawyers play defense skills, on the other hand, also requires lawyers to comprehensively study the case, pay attention to examine whether the defendant have suspicious appearance and movements of voluntary surrender, otherwise there may be limited to the distress situation.

A criminal legal aid cases, if the indictment didn't mention the plot, the defender should put forward have surrendered plot defense lawyers at the same time, master certain skills in handling cases, also need to have the courage to face, his secular figure what question, to face the public prosecutor, judge's authority, to face the defense opinions are not the people's court to adopt risk and loss. But as a responsible contractor lawyer, he must have this quality.

In the case of light punishment, the lawyers on the surrender of the defending opinions, even by the people's court to adopt, usually not the defendant substantially reduce the penalty, but if the people's court judgment that the no indictment in the plot, it reflects the fact as the basis, take the law as the criterion, the principle of proportionality, reflects the positive affirmation of the lawyers work, embodies the criminal legal aid significance and value, so that people can understand that the lawyers in the criminal legal aid cases are not always plays a not essential role, they do play an indispensable role in some cases.

Four, conclusion and suggestion

1, the public prosecutor, defender, the different understanding of as voluntary surrender, led to this list in the determination of voluntary surrender in six cases on the circumstances of the case occurred, similar circumstances produce distinct judgments, this uncertainty, caused some confusion in the judicial practice, not conducive to the maintenance of the legal the unity and dignity of the legal system. In order to avoid surrender suspicious appearance and movements for the randomness, uncertainty, the author suggested, based by the Supreme People's court in law interpretation (1998) No. 8 judicial interpretation, the judicial interpretation, the unity that scale, "crime is not clear discover judicial authority, only because of suspicious appearance and movements by the relevant organization or judicial organs after questioning, education, active confessed to their crimes" in the "suspicious appearance and movements", whether to include "defendants with tools or stolen money" this kind of situation, whether strict distinction suspicious appearance and movements and suspected of crime, crime is not found between the facts of the case and asked whether the suspect links etc..

2, because the indictment had not recognized voluntary surrender in judicial practice, the defender did not put forward the plot's point of view, the people's court to surrender the plot to be found in this particular case, since there exist significant differences in theoretical circles, so, this reminds the lawyers in criminal legal aid cases, both with and without complaint to plot, shall be the defendant's plot for review. If the undertaking lawyer was an inexperienced, aid center should remind the lawyers paid enough attention and attention.

This requires that the lawyers must carefully marking in an assignment, special attention should be given to the confession, the examination volume of investigative report and the defendant's statement, fully understand the case is to be cracked, the defendant is to be captured, meet the defendant is to note that the defendant to tell him how is captured the details. At the same time, attention should be paid to the defendant confessed review is whether the same crimes, so as not to make mistakes. Legal aid agencies in the review archive file, shall review whether the hair volume investigative report, the lawyers do will not asked the defendant to arrest record.

3, improve the appraisal system of the quality of handling cases of criminal legal aid cases. Remove the criminal legal aid case handling quality and defending opinions whether it is linked to the people's court all adopt the evaluation approach, the lawyer in the undertaking of criminal legal aid cases, can dispel the defending opinions may not be the people's Court adopted concerns, and since the first plot defended the views.

The defense opinion whether all adopted by the people's court, sometimes with quality contractors undertaking lawyer does not exist positive correlation. The lawyers and the facts and circumstances, the general will be the people's court full acceptance, even if the second kinds of situations in this paper enumerates the case, the court's decision to defend the views expressed are still to be adopted, but the handling of cases to spend time and energy is greater than fifth, Sixth cases less, there may be missing some argument in favor of the defendant, the defendant's legal rights damage caused. And put forward the plot have surrendered defense view may not be the people's court to adopt, but to spend more time and energy. If we blindly the defence lawyers are all taken by the people's court as an important test case quality indicators, will encourage lawyers to do things carelessly, Jerry building, which is not conducive to the improvement of the quality of handling cases, is not conducive to put an end to the second kinds of circumstances, will make the sixth kinds of circumstances the case became more rare.

4, improve the system of case discussion. At present the legal aid centers have been established in the case on the system requirements, the lawyers met to discuss some cases submitted to aid center group, then the principle of the minority is subordinate to the majority, even if the lawyers have different opinions, the lawyers also can according to most people the final discussion opinion to plead in court. At present, the assistance center generally not high degree of specialization, aid center and the judicial administrative system of non professionals involved in the case of staff accounted for a certain proportion, the majority of people so that opinions sometimes is not necessarily correct. As the legal aid center, in accordance with the "criminal law" and "Legal Aid Ordinance" relevant provisions of division, can only handle light punishment cases not social influence, in such cases, the undertaking lawyer both pleaded not guilty, or beyond the indictment defended the views, just generally will not influence the judgment, also caused the social impact bad not. Therefore, the author suggests that, for the county level legal aid institutions, should encourage the undertaking lawyer relatively independently defended the views of their own, the case of collective discussion opinions only advisory role, specifically how to defense is still decided by the undertaking lawyer myself. In this way, may be able to eliminate a part concerns the lawyers, to improve the quality of case handling.