One, in case of criminal crisis, should hire a lawyer to provide legal help in the first time:

When you or your relatives and friends in the crisis, to hire a lawyer in the first time for their help is necessary. Along with the social division of labor is getting smaller, professional expert management idea, has been gradually formed in the eyes of the people, let alone the criminal legal professional, more important is when you fall into the crisis, general will lose their freedom, so, hire a professional lawyer to help you, not is a wise choice.

(a) the lawyers involved in the criminal case of time

The 1 lawyers to provide legal assistance

According to the criminal procedure law articleThe provisions of article 96, the criminal suspect in the investigation organ for the first time after the inquiry or coercive measures taken to date, can hire lawyers to provide legal advice, to its appeal, accuse agent. If the criminal suspect is arrested, the appointed lawyer may apply for bail. Cases involving state secrets, the criminal suspect to hire a lawyer, shall be subject to the approval of the investigation organ.

According to the above provisions, one is, when you are suspected of economic crimes and by the investigation organ for the first time after the inquiry, you can hire lawyers to help themselves. Another kind of circumstance is, when you are taking the detention, bail, residential surveillance, detention, arrest for five kinds of enforcement actions, you can hire a lawyer to provide legal help.

The 2 lawyer to defend

According to the criminal procedure law the thirty-third regulation, since the case is transferred for examination before prosecution, public prosecution cases, criminal suspects have the right to entrust defenders. The accused in a private prosecution shall have the right to entrust defenders at any time. The people's Procuratorate for examination and prosecution of cases after receiving the materials within 3 days from the date, shall inform the criminal suspect has the right to entrust defenders. The people's court after accepting a case of private prosecution, within 3 days, should inform the defendant has the right to entrust defenders. ,

According to the provisions of the thirty-fifth criminal procedure law, the responsibility of a defender shall be according to the facts and law, materials and opinions proving criminal suspects, defendants not guilty, a mitigated punishment or exemption from criminal responsibility, criminal suspects, defendants, safeguard the legitimate rights and interests.

(two) the role of lawyers in criminal cases

1 in providing legal help stage

According to the provisions of the ninety-sixth criminal procedure law, criminal suspects in the investigation organ for the first time after being asked or coercive measures taken to date, lawyers can provide legal advice, acting for the appeal and accusation, has been arrested, the appointed lawyer may apply for bail. In order to exercise these rights, an authorized lawyer shall have the right to the investigation organ about the crime suspected of, and may meet with the criminal suspect in custody of criminal suspects, to learn about the circumstances of the case.

According to the Supreme People's court in January 19, 1998 six organs "several issues concerning the implementation of the criminal procedure law stipulated in the": lawyers met the suspect, shall arrange to meet in 48 hours, for the common crime organization, leadership, more than two people in the organization with underworld society nature, organization, leadership, participation in terrorist organizations or the crime smuggling crime, drug crime, the crime of corruption and bribery and other major complex, lawyers to meet with the criminal suspect, shall arrange to meet within 5 days.

In the 2 act as defenders stage

First of all, the prosecution is an important activity of legal evaluation of facts and opinions of the investigation organ has confirmed that the procuratorial organ and the fact judgment. In the meantime the defenders get involved in litigation activities, on the one hand, the defendant not guilty, guilty, reduce or exempt from criminal liability defense, the procuratorial organs to make the right decision to prosecute or not based on opinion of counsel. On the other hand, also can make full, comprehensive understanding of the case, be familiar with material, in order to better in court debate.

Secondly, the defenders can supervise procuratorial organs, the public security organs in litigation activities according to law, correct the illegal detention, torture to extract confessions and other illegal acts, protect the lawful rights and interests of the defendant, the legal system to safeguard national dignity.

Finally, non prosecution of procuratorial organs in accordance with the provisions of article second of criminal procedural law 142nd of decided cases, defenders may, according to the provisions of the criminal procedure law article 146th assistance of criminal suspects to the procuratorial organ. 146th the provisions of the criminal procedure law, not criminal suspects to non prosecution decision, can 7 days after receiving the written decision on the petition to the people's Procuratorate within. The people's Procuratorate shall make a decision of reexamination, notice is not to prosecute the person at the same time, the public security organ.

According to the criminal procedure law articleThe provisions of section 36, defense lawyers of the people's Procuratorate date, consult, extract, copy the file documents, technical identification of material, can meet with the criminal suspect in custody and communication. Defense attorneys from the day the court handles the case, consult, extract, copy the case of the facts of the crime accused materials with the defendant in custody, can meet and communication.

Two, the lawyer can help the criminal suspect bail?

The lawyer is in conformity with the statutory conditions of criminal suspects on bail.

China's "criminal law" has made a series of regulations on bail pending problems: No.52Article: "the criminal suspect in custody, the defendant and his agent ad litem, near relatives shall have the right to apply for bail". Article50Stipulates: "the people's courts, the people's procuratorates and the public security organs shall, according to the circumstances of the case, the suspect, the defendant can summon, bail or residential surveillance".

Article60Article2Paragraph also provides that: "the criminal suspect who should be arrested, the accused, if suffering from a serious illness, or are pregnant and lactating women and their infants, can be a guarantor pending trial or residential surveillance.

Article75Article: "the suspect, the defendant or his legal representative, close relative or a criminal suspect, the defendant lawyers and other defenders to take coercive measures to the people's court, people's Procuratorate or a public security organ exceed the time limit prescribed by law, have the right to request the termination of compulsory measures".

In three, the penalty of the seriousness of the case is provided?

According to the provisions of China's "criminal law", when the criminal punishment, should consider the main plot:

1Legal lenient, ease, and from the plot.

Is lighter, and mitigating circumstances: refers to the full14The age of18Old person crime; attempted crime; the instigated person no son instigation crime abettor.

Both mitigating circumstances, and is exempt from the plot refers to: Crime in China in the field, in accordance with the provisions of the criminal law of our country should bear criminal responsibility, but in foreign countries have received criminal punishment; self-defense or emergency, exceeds the limits of necessity, should not cause the damage of discontinuance of a crime;; be stress, was lured to a crime.

Is lighter, and reduce or waive the plot refers to: a deaf mute or blind person who prepares for a crime; common crime; accomplice in crime after surrender.

2Not subject to statutory, severely plot.

The principal is not in the common crime; not recidivist; do not belong to the state personnel who take advantage of their office, play the market, who have committed the crime of smuggling crime; do not belong to national staff to practice torture to extract confessions of man, and to corporal punishment cripple; be rape of young girl is full14Old; do not belong to the gang rape; illegal detention of a person, not a beating insult plot.

3The plot, as appropriate leniently.

The motive for the crime is not bad; not especially cruel means of crime; criminal damage results not serious; the object of crime in special; criminal consistently good; to confess.