Interpretation of legal aid highlights

2012Years, "Criminal Procedure Law" were significantly modified, and in 2013Years1Month1DaySince the implementation of. The revised "criminal law" to improve the defense counsel in criminal proceedings in the legal status and function, expanded the scope and object of legal assistance in criminal litigation, to protect the suspect, the defendant's right to defense, the development of criminal law is of great significance to promote.3Month1Day, the Supreme People's court, the Supreme People's Procuratorate, the Ministry of public security, the Ministry of Justice jointly issued the "on the legal aid in criminal action regulations" (hereinafter referred to as "Regulations") implementation. The move will further guidance throughout the public security judicial organs to the criminal legal aid work, ensure that the revised "Criminal Procedure Law" implemented correctly.

Legal aid is defined by the legal aid agencies established by the government organization of legal aid workers, giving a legal safeguard system, providing free legal service for economic difficulty or in special cases in which the people, criminal legal aid because of the special nature of criminal cases and is particularly important. Criminal legal aid is the country in order to protect the suspect, the defendant's right of defense, to guarantee the judicial justice, free of charge for due to various reasons not to entrust defenders, a system of criminal suspects and defendants, the appointed lawyer to defend its and meet the conditions of legal aid. Right of criminal defense is crucial for the suspect, the defendant. However, in China, a large number of criminal suspects, defendants because of economic difficulties cannot hire lawyers defended himself, therefore, the legal aid system in criminal proceedings is very important.

The implementation of the "Regulations" is to2005Years9Month28Revising four departments "on the legal aid in criminal action provisions", revised "Regulations" Co28A, compared with the original "Regulations", to increase5Article. "The revision and implementation of the provisions of", to ensure full fulfillment of legal aid duty, protect the suspect, defendant shall exercise the right to counsel, realizes the penalty crime and the safeguard human rights of the organic unity, promote judicial justice, to implement the party's eighteen big proposed to comprehensively promote the rule of law requirements, has the vital significance. So, the new "Regulations" what what spot? According to the new regulations, criminal defense lawyers should pay attention to what?

One bright spot: the scope of legal aid more clear and expansion

"Regulations" article second: the criminal suspect, defendant due to economic difficulties counsel did not entrust their near relatives, I can report to the public security organs, people's procuratorates, cases handled by the people's Court judicial administrative organs located at the legal aid institutions for legal aid.
Which one of the following circumstances, the criminal suspect, the defendant's counsel did not entrust, may apply for legal aid in accordance with the provisions of the preceding paragraph:
　　(A)There is evidence that the suspect, the defendant belongs to a level or two level of intellectual disability;
　　(Two)In a case of joint crime, the other suspects, defendants had entrusted a defender;
　　(Three)The people's Procuratorate to protest;
　　(Four)Influential cases.

Visible, compared to the past legal aid mainly aimed at the object (the economic difficulties of the suspect, the defendant), the new regulations specified in the four kinds of situations, counsel did not entrust, also can obtain legal aid. At the same time, in accordance with the regulations, to apply for legal aid, not only can I apply, close relatives can apply for, convenient in the custody of criminal suspects, defendants to obtain legal aid.

Highlight two: further clear must provide legal aid cases

"Regulations" article ninth: criminal suspects and defendants, has one of the following circumstances not entrust a defender, the public security organs, people's Procuratorate, the people's court shall find the date3Days, the judicial administrative organ at the same level belongs to notify the local legal aid institutions appoint lawyers to defend the:
　　(A)Minors;
　　(Two)Blind, deaf, dumb;
　　(Three)Mental patient who has not completely lost the ability to recognize or control his own conduct;
　　(Four)May be sentenced to life imprisonment, the death penalty.

Therefore, for these special cases of criminal suspects, defendants, the law further regulations shall provide legal aid, they at the same time, to ensure the justice in judicial organs to perform the relevant legal aid duty, guarantee the lawyers have enough time to prepare his defense, agent, "provisions" clear requirements of public security organs since found the suspect, defendant people with the above date3Days, inform the legal aid institutions assign lawyers to defend or legal assistance; requested legal aid agencies received notice of defense official or notification agent letter, to appoint a lawyer to provide legal aid.

Highlight three: use ahead of time

"Regulations" article fifth: when a people's Procuratorate, public security organs to take coercive measures in the first interrogation of criminal suspects or, shall inform the criminal suspect has the right to entrust defenders, and inform the if in accordance with the provisions of the second provision, and their near relatives may apply for legal aid to the legal aid institutions.

The new regulations for legal aid to the time from the original court phase to the stage of investigation and prosecution stage ahead of time, which makes the criminal suspects and the accused can get help from a lawyer as soon as possible and relevant evidence, greatly strengthened their position in criminal proceedings.

Then the criminal defense lawyers in the legal aid should pay attention to what the problem?

First of all, "Regulations" provisions of article thirteenth: for may be sentenced to life imprisonment, the death penalty cases, legal aid agencies should be assigned with a certain number of years of practicing experience for criminal defense lawyer to defend.
  For the cases of minors shall assign minors, familiar with the physical and psychological characteristics of the lawyer to defend.

This clause indicates that, in a major criminal case and in the cases of minors, even legal aid gratis, practice experience and specialization of lawyers have higher requirements, this provision in the form of laws and regulations, from the fundamental guarantee for the quality of legal aid case. As everyone knows, the criminal case because of its difficulty and risk, time and energy spent a lot more than ordinary civil cases, put forward higher requirements on the comprehensive ability of criminal defense lawyers and professional experience and professional, and the reasonable assignment of criminal defense lawyers for both to a criminal suspect or defendant or criminal defense lawyer itself it is beneficial. On the one hand, more experience and more professional lawyer can give full play to their expertise in these cases, a greater degree to fight for the rights of criminal suspects, defendants, fully guarantee can not afford a lawyer or a lawyer is due to various reasons did not suspect, also can get high quality legal services, everyone the guarantee of equality before the law; on the other hand, lawyer in undertaking a more suitable for their own cases, will be more handy, accumulating more experience, a great help to improve the level of their business.

Secondly, the new "Regulations" to further clarify the lawyers in the handling of criminal legal aid cases in specific work requirements. "Regulations" require the contractor to meet with lawyers, marking, investigation and evidence collection, advice, to participate in the trial work, in accordance with the law for the provision of legal aid in accordance with the standards of the recipient. Provisions of the guidance and supervision of the legal aid institutions to carry out the legal aid activities of law firms, lawyers and lawyers association, the judicial administrative organs according to law firms, lawyers to perform legal aid obligations, the implementation of reward and punishment, the public security organ in a timely manner to the legal aid institution through newspaper law violations of damage to the interests of the recipient, intensify the supervision of law in handling criminal legal aid cases, so as to promote the quality of case handling. Thus, case of criminal defense lawyers to specification and review more strengthen to own work, ensure that they comply with "rules" requirements.

Once again, the defense lawyer may play a more active role in the stage of investigation, the public security organ.

"Regulations" article seventeenth in the case of the investigation before the end of,The lawyers request, the investigation organ shall listen to the opinions, and record. The lawyers make comments in writing, shall be attached.

We can see from this clause of criminal defense lawyers in the investigation stage significantly strengthened, the public security organ involvement, timely and effective and provided legal assistance for criminal suspects, legal consulting, also can put in writing their own legal advice submitted to the public security organs, binding on the volume, greatly improving the criminal defense lawyers in the case investigation of influence.This is not only for participants in the proceedings especially provide a security system to protect the rights of criminal suspects, but also provides the possibility for public security in the investigation of the third party supervision, is a great progress in China's criminal litigation law construction.

Finally, the "provision" clearly, the public security organ, the procuratorate, the people's court shall deal with criminal defense lawyers working respect and cooperation, and to minimize the aid lawyers work cost.
  "Regulations" article twentieth the people's Procuratorate, the people's court shall deduct or exempt the contractor for the lawyer to copy files material costs.
   To sum up, as a criminal defense lawyer, we are delighted to discover, status of criminal defense counsel in criminal proceedings in the improved, free of charge in the Defense Assistance cases, lawyers is no longer just a decoration, the trial is not as a mere formality,"Echoes" provisions on the legal aid in criminal action and the promulgation of the new "criminal procedural law", to maximize the maintenance of judicial justice, safeguard the rights and interests of citizens the most basic.