In the Beijing lawyers note

Lawyer criminal litigation -- format instruments shall be uniformly printed

 

Beijing detention center

The characteristics of lawyers:Allow a lawyer

                With instruments shall be printed handwriting

                Meet in

                The meeting time of each batch of the half an hour

 

Last week, the entrusted a Beijing student's father, went to Beijing to meet a detention center. A knowledge and experience is worth a.

I was Tuesday night train ride to Beijing. This bus timing is very good. At eight in the evening of the second day, at seven fifty in the morning to Beijing Railway Station. Therefore, just in the car to sleep one night, during the day can go to work early in the morning.

Out of the Beijing Railway Station, Beijing Metro Line No. two. Beijing subway station, need to queue up for tickets, then the security line. After the pit stop, and after a while the subway car arrived. So, I got in the car. Every morning peak, the compartment is crowded. According to the design, to the Xuanwumen subway line No. four. In Beijing the subway lines do not need out of the station, also do not need to buy a ticket. This point is different from that in Shanghai.

After about an hour, the DongMen Railway Station to Peking University.

Out of the station, met with good contact in advance of the students. Meet a few words of greeting, a taxi directly to the Beijing detention center.

To the detention center had been nearly ten o'clock in the morning.

The detention house, a lot of people, but also many pedlar. These vendors sold some clothes, shoes what. Because, many go to the families do not understand the relevant provisions, often with zipper, buttons clothing some not allowed in or even handmade cloth shoes with laces. These are not brought to the people inside. The main purpose is to prevent the Dutch act, to prevent the transmission of information and so on. My fellow students had also brought food, fruit, like to see a patient. Later, all back to school.

The detention house is only one window open entry permit. Was a long queue. Family members and lawyers are not divided. This practice, I had not seen in other guards. Do not know the what to consider. In conclusion, I think that the lawyer's job to bring unnecessary waiting time.

Open the entry permit, officially entered the detention center, because the person is much, still have to queue.

The door about 100 meters is the detention, another 500 meters, officially entered the detention center.

Watch all the point is very convenient, is the Public Security Bureau and the legal department in the pre-trial detention center. Unlike other places, meet in the public security, to run two place. The Public Security Bureau, police station or the legal department of the pre-trial detention, and. In Beijing, located in the general examination. This greatly facilitates lawyers.

According to the regulations, I to the investigating department puts forward to meet the application and submit a letter of introduction and other relevant correspondence. However, the accident.

An officer told me, "your file is not in the correct format. In accordance with the provisions of the Ministry of justice of the format."

I was surprised, "why is that? We are in Zhejiang."

Police officer: "in 2001 the Justice Department had sent 051 text, according to the documentation requirements, must be unified printed lawyer criminal files by the judicial departments throughout."

"Ah so original! I come from Hangzhou! My back is not easy oh! To bend the rules?" I asked.

"This. You must go back and change." Hurry, I look around, found a lot of foreign lawyers, have encountered this problem. Including Tianjin lawyer.

"We Hangzhou no printed text, how to do?" I asked.

"You can ask the Beijing law firms or go to the Beijing Municipal Bureau of justice to the."

"However, it's time-consuming! Not too good to Party families account. There are other ways?"

"That you call your bureau of justice a proof."

"Good. OK. This proves how to write?" I think the fire.

"A proof that you are not by the Justice Department lawyers criminal file format requirements for printing."

"This certificate, the fax line?"

OK.

So, I immediately contact the office secretary. Secretary to the Judicial Bureau immediately made a report.

After a while, there is Judicial Bureau leadership to me over the phone. So, I told the Beijing Public Security Bureau asked him.

The first time that words have not been pre-trial police approval.

At this time, already at noon.

I and the students go to the nearby a Hui restaurant to eat lunch.

The afternoon is two to work. Work the Hangzhou judicial bureau is two. About two thirty, I proved the second draft.

The second draft, mainly with the "I am not in accordance with the Department of justice requires unified printing".

It is worth mentioning that, fax, I was in prison outside law firms receive fax. A 10 yuan. Has two A4 paper received a total of 20 yuan. Despite this, still be indebted forever. Because of this, if it can be avoided, I come back to Beijing.

Afternoon, I then ranked two team, in detention.

I have faxed over to the police officer that.

The police officer said that after reading, can.

However, according to the requirements, I'll fill out the two forms. One is to the name of the party requesting a lawyer. A lawyer for the meeting with the criminal suspect in the name of.

Fill out these forms. It was three thirty. The day has not arranged. The officer told me, come back tomorrow.

I have to say, the heart of silent prayer, hope tomorrow can be arranged.

The second day early in the morning, I got up seven points not to. To the eight points. Originally, the nine reception.

Wait until after nine, I came to the pre-trial.

Yesterday at the pre officer, did not go to work. I am worried about. Lest, officer promised yesterday, today is not recognized by the officer.

The officer looked material, saying "there are no approval! You wait for a moment. I will contact the host officer. Listen to the opinions."

So, I will. Later, I want to go is not a thing.

I've lined up again to understand.

Into the team after the police telephone, hosted by police officers. The phone seems to be agreed, the officer in the material to write certain agreed to meet with the words.

Finally got the notice of arranging a meeting.

So, I took the examination place material across the interview room. Submit materials as well as the letter of introduction, came to the meeting room.

The Beijing meeting, unlike Zhejiang. Beijing is in the meeting. A morning is the two batch, half an hour each batch. Therefore, I to the meeting room or half an hour. To see the dozen suspects lined up in. Said the meeting room, is actually a meeting hall. The central hall, is a suspect the sitting position. Our lawyers sitting around in the hall. A baffle between lawyers are separate, can see. In the crime suspect in front, can even communicate with each other.

The Beijing meeting with the trip, very deep feelings. A little white ran a trip.

Here, we would like to thank the leadership in the attention problem, immediately contact the Department of justice. Would also like to thank the leadership of the importance of judicial bureau. Timely issued documents.

Beijing meeting with the trip, my biggest feeling is, Beijing's law enforcement awareness!

 

Attached:

The Ministry of Justice issued "lawyer" s format documents "pattern of the notice

(in May 14, 2001 the company made through [2001]051)

City Judicial Department of every province, autonomous region, municipality directly under the central government (bureau), the Judicial Bureau of Xinjiang production and construction corps:

In 2000 July, the Ministry of Justice issued a "on IssuingThe format for use of lawyer in criminal proceedings"Notice" (No. [2000]102, through our hair) regulations 19The format for use of lawyer in criminal proceedingsOn July 1, 2001, and officially opened. Recently, the specifications for the format of the document some questions, hope to be able to determine the national unified format, male, inspection, the legislature also expressed the hope that the lawyer "s format documents with their unified document specifications. We think it necessary to make standardized format document issued at the same time around, further revision to the sent document format.The "lawyer" s format documents "mode, all according to the standard style printed and issued by the law firms. On the format of the document (letter of six designated defense) use problems, taking into account the Justice Department has issued a joint regulation and the Supreme Court and other departments, the legal aid center of the Ministry of justice is to enact the corresponding format documents, prior to this, all reference format documents six style execution.

The format of the document a stub    

The law firm's letter

                      [] ArticleNo.

Take this letter:

Delivery:

Reason:

The approval of the person:

Time:

Note: this function used to submit to the investigation organ.

                                                       

The lawyer "s format document a   

The law firm's letter

                     [] ArticleNo.

___________:

Commissioned by the accepted ___________, assignment ___________ lawyer, served as ______________________ suspects ___________ lawyer.Notice is hereby                 

(law firm)                

 YearsMonthDay

Attached: authorization of A.

The format of the document Er Cungen   

The law firm's letter

                    [] ArticleNo.

Take this letter:

Delivery:

Reason:

The approval of the person:

Time:

Note: this function is used to submit to the procuratorial, judicial organs.

                                                       

The lawyer "s format documents two    

The law firm's letter

                     [] ArticleNo.

___________:

Commissioned by the accepted ___________, assignment ___________ counsel for the defendant ______________________ your court case (the suspect) ___________ counsel.Notice is hereby                  

 

(law firm)                  

YearsMonthDay

Attached: authorization of A.

The format of the document three stub     

The law firm's letter

                    [] ArticleNo.

Take this letter:

Delivery:

Reason:

The approval of the person:

Time:

Note: this function for a case of civil suit collateral to criminal prosecution, private prosecution, the criminal to the procuratorate, the court.

                                                       

The lawyer "s format Wen Shusan    

The law firm's letter

                    [] ArticleNo.

___________:

Commissioned by the accepted ___________, assignment ___________ lawyers, as you in the hospital for ___________ cases ___________ litigation agent.Notice is hereby                   

(law firm)                

 YearsMonthDay

Attached: authorization of A.

The lawyer "s format documents four 

Help the entrustment agreement for the suspect

                  No.:

The principal ___________ with ___________ law firm consultations, reached the following agreement:

 A law firm, ___________ assignment ___________ lawyers provide legal assistance for criminal suspects ___________.

Two, entrust lawyers rights:

Three, according to the "Regulations" lawyers fees, the client to the ___________ law firms pay commission fees ___________ element.

Four, this agreement is valid on the date signed by both parties to the case investigation end.

Five, this agreement if a change is necessary, negotiate.

The principal (signature):      Trustee: (law firm)

                                      YearsMonthDay

Note: two copies of this agreement, by the client, each holding a law firm.

The lawyer "s format documents five    

CommissionSupportThe book                   

No.:

 The principal ___________ according to the provisions of the law, specially invited ___________ lawyer ___________ for ___________ cases ___________ counsel. The validity of this power of attorney from now to ___________ date.                

Client.                

 YearsMonthDay

Note: this power of attorney in three copies, by the client, each holding a law firm, to the people's Procuratorate or the people's court a.

The format of the document Liu Cungen     

Designated defense function

                    [] ArticleNo.

Take this letter:

Delivery:

Reason:

The approval of the person:

Time:

                                                       

The lawyer "s format documents six    

Designated defense function

                    [] ArticleNo.

___________ people's court:

According to "the people's Republic of China Criminal Procedure Law" articleArticle thirty-fourAnd the provisions of your letter, the assignment ___________ lawyer ___________ defendant (appellant) ____________ counsel.Notice is hereby                 (law firm)                 YearsMonthDay

The lawyer "s format documents seven    

The trust agreement

No.:

The principal ___________ with ___________ law firm consultations, reached the following agreement:

 The defendant, a ___________ Law Firm lawyer assigned ___________ ___________ case (the suspect) ___________ counsel.

 Two, according to the "Regulations" lawyers fees, the principal ___________ to pay the fees ___________ Yuan Law firm.

Three, this agreement is valid on the date signed by both parties to ___________ check.

Four, this agreement if a change is necessary, negotiate.

The principal (signature):       Trustee: (law firm)

YearsMonthDay

Note: this agreement is made in two copies, by the client, each holding a law firm.

The format of the document eight stub 

The lawyer to meet the suspects, defendants special letter of introduction

                     [ ] articleNo.

Take this letter:

Delivery:

Reason:

The approval of the person:

Time:

Note: the introduction of credit to meet with the criminal suspect, the defendant to detention, detention submitted.

                                                       

The lawyer "s format documents eight

The lawyer to meet the suspects, defendants special letter of introduction

                   [] ArticleNo.

___________:

According to the "The criminal procedure law of the people's Republic of China"ArticleArticle thirty-six, No.Article ninety-six, No.Article one hundred and fifty-oneAnd "The lawyers law of the PRC"ArticleArticle thirtyThe provisions of this assignment, I ___________ lawyers to meet with you at ___________ case suspects in custody (defendant) ___________ please arrange.Notice is hereby                    

(law firm)

 YearsMonthDay

The format of the document Jiu Cungen 

Lawyers met with the suspect in custody of the letter

                   [] ArticleNo.

Take this letter:

Delivery:

Reason:

The approval of the person:

Time:

Note: this function for the investigation phase meeting with the criminal suspect to the investigation organs to submit.

                                                        

The lawyer "s format Wen Shujiu  

Lawyers met with the suspect in custody of the letter

                    [] ArticleNo.

___________:

 According to the "The criminal procedure law of the people's Republic of China"ArticleArticle ninety-sixAnd "The lawyers law of the PRC"ArticleArticle thirtyRegulations, I ___________ lawyer to ___________ met ___________ case suspects in custody ___________.Time: _________ year month day ______ ______ ________, please arrange.Notice is hereby                  

(law firm)                  

YearsMonthDay

The lawyer "s format documents ten 

The criminal case proxy protocol

No.:

The principal ___________ and ___________ lawyers agree as follows:

One, ___________ Law Firm lawyer assigned ___________ ___________ case ___________ litigation agent.

 Two, entrust a lawyer agency authority:

Three, according to the "Regulations" lawyers fees, the client to the ___________ law firms pay commission fees ___________ element.

 Four, this agreement is valid on the date signed by both parties to ___________ check.

Five, this agreement if a change is necessary, negotiate.

 Client.             Trustee: (law firm)             

YearsMonthDay

Note: this agreement is made in two copies, the principal law firm, each holding one, for criminal cases of public prosecution, private prosecution, criminal.

The lawyer "s format documents eleven  

The power of attorney

No.:

 

Client            According to the law, specially invited            Law firm           Lawyers for the             The case                     An agent ad litem.

Lawyer agency authority:

The validity of this power of attorney from now to             Check.

   Client.

                                         Years  Month  Day

Note: this power of attorney in three copies, by the client, each holding a law firm, to court or procuratorate a, for the case of civil suit collateral to criminal prosecution, criminal prosecution, criminal.

 

The format of the document twelve stub

   Application form (with the suspect in custody cases involving state secrets by)

                                       [] Article No.

Take this letter:

Delivery:

Reason:

The approval of the person:

Time:

Note: this function for the investigation phase meeting with the criminal suspect to the investigation organs to submit.

                                                         

The lawyer "s format documents twelve

With the application of criminal suspects in custody(cases involving state secrets by)

                               [ ] Article No.

Applicant.            Law firm           Lawyer

Communication address or the contact method:                        

Application: meet the suspects           

The grounds for the application: the criminal suspect          On suspicion of                 One case was detained (arrested). I accept the criminal suspects or their families            To employ, to meet the suspects. In view of the case involves state secrets, according to the "Criminal Procedure Law of the people's Republic of China" the ninety-sixth regulation, apply, please give.

Yours sincerely                                 

Applicant.     

                                 (law firm)

                               Years Month Day

The format of the document thirteen stub

To collect, obtain evidence application

                                   [] Article  No.

Take this letter:

Delivery:

Reason:

The approval of the person:

Time:

Note: this application form for examination and prosecution, trial stage to the procuratorate and the court.

                                                       

The lawyer "s format documents thirteen

To collect, obtain evidence application

                      [ ] Article No.

Applicant.            Law firm           Lawyer

Communication address or the contact method:                        

Application: apply to           To         Collect, obtain evidence.

The grounds for the application: as the suspects (defendants)        Suspected             

The defense lawyer, I think they need to witness (the relevant units, individual citizens)

                    Collect, obtain evidence. Because of the special situation, according to the "Criminal Procedure Law" of the people's Republic of China in thirty-seventh the first paragraph, to apply for your school, were collected.

Yours sincerely                                            

 

Signature of applicant:                  Law firm (Chapter)

                                 Years   Month   Day

Attached: witness, a personal name:

Unit name:

The address or the communication method:

Collect, obtain evidence, the scope of content:

The format of the document fourteen stub

Investigation and evidence collection application

                                    [ ] Article No.

Take this letter:

Delivery:

The approval of the person:

Time:

Note: this application form for examination and prosecution, trial stage to the procuratorate and the court.

                                                       

 

Investigation and evidence collection application

 

Applicant.            Law firm           Lawyer

Communication address or the contact method:                       

Application: permit investigation.

The grounds for the application: as the suspects (defendants)         Defense lawyer, because of the needs of the case, I intend to victims (close relatives of the victim, the victim provide witness)            Information related to the case, according to the "PRC Criminal Law" the provisions of the second paragraph of article thirty-seventh, hereby apply for permission, please.

Yours sincerely                                               

 

 

Signature of applicant:                (law firm)

                              Years   Month   Day

The format of the document fifteen stub

Inform the witnesses to appear in court for the book

                                      [ ] Article No.

Take this letter:

Delivery:

Reason:

The approval of the person:

Time:

                                                        

The lawyer "s format documents fifteen

 

Inform the witnesses to appear in court for the book

                                   [ ] Article  No.       

                                 

Applicant.            Law firm           Lawyer

Communication address or the contact method:                       

Application: notify the witness            To testify in court.

The reason of the application:            The defendant          Controlled             A case of the witnesses. The applicant need witnesses to testify in court. According to the "Criminal Procedure Law" of the people's Republic of China in thirty-seventh the first paragraph, the application is put forward.

Yours sincerely                  The people's court

 

Signature of applicant:

                         (law firm)

                               Years  Month  Day 

 

Attached: witness address, contact method:          

The format of the document sixteen stub

Application for cancellation of the compulsory measures

                                   [ ] Article No.

Take this letter:

Delivery:

Reason:

The approval of the person:

Time:

Note: this application form for the public security, procuratorial, to safety, the courts and other organs

                                                       

The lawyer "s format documents sixteen

 

Application for cancellation of the compulsory measures

                            [ ] Article No.

 

Applicant.            Law firm            Lawyer

Communication address or the contact method:                       

Application: the lifting of the suspects (defendants)           Take       Coercive measures.

The grounds for the application: the suspects (defendants)                On suspicion of               In one case     Years   Month   Day        When he was             Take      Coercive measures, now more than the statutory time limit. As the suspects (defendants)           Lawyer (defender) ", according to the provisions of the criminal procedure law of the people's Republic of China" in article seventy-fifth, apply for cancellation of the compulsory measures of.

Yours sincerely              

 

                                    Signature of applicant

                                  (law firm)

Years  Month  Day

The format of the document seventeen stub

   

Application for deferment of trial

                                       [ ] Article No.

Take this letter:

Delivery:

Reason:

The approval of the person:

Time:

                                                        

The lawyer "s format documents seventeen

 

Application for deferment of trial

                                  [ ] Article No.

 

Applicant.            Law firm           Lawyer

Communication address or the contact method:                       

Application: deferred trial.

The grounds for the application: as         Case       People             Entrust defenders (agents), because            According to the provisions of the criminal procedure law, "" the people's Republic of China, we ask the court to postpone the hearing.

Yours sincerely              The people's court

 

   Signature of applicant:

                      (law firm)

Years  Month  Day

The format of the document eighteen stub

 

Re identification, inspection application form

                                        [ ] Article No.

Take this letter:

Delivery:

Reason:

The approval of the person:

Time:

                                                        

The lawyer "s format documents eighteen

 

Re identification, inspection application form

                                     [ ] Article No.

 

Applicant.            Law firm           Lawyer

Communication address or the contact method:                       

Application: re identification, inspection.

The grounds for the application: as I      Case    People     Entrust            The defender (agent), believes the case about           Appraisal (inspection) conclusion there exists the following problems:

According to the "criminal procedural law" the regulation of the people's Republic of China one hundred and fifty-nine, special apply to            Top re identification, inspection.

Yours sincerely                The people's court

Signature of applicant:               (law firm)

                             Years  Month  Day

The lawyer "s format documents nineteen

 

 

The power of attorney

                                  

                                           No.:

 

Client               According to the "Criminal Procedure Law" in article ninety-sixth, invited          Lawyer           Suspected            Suspects              Lawyer.

The validity of this power of attorney from now until the end of the case investigation.                        

 Client.

                                      Years  Month  Day

 

 

Note: this power of attorney in three copies, by the client, each holding a law firm, to the investigation organ a.