Please criminal lawyer to be able to play the role?


 
-- this is the defendant's family want to know, is also the lawyer is to seek truth from facts to tell the family.
 
If the defendant's family asked me, please me to defend the accused, can play a significant role; then I can tell each other I gave the defendant a satisfactory defense process and a more favorable defense results. The final verdict in criminal cases, lawyers not only depends on the ability and responsibility, but also depends on the facts of the case itself and other factors. I'm not "chest" "Bao Shengsu, bag, bag innocence" "three packs of lawyers"; I feel justice, dedicated, diligent, based on facts and law, do not give up the favorable to the defendant to every detail, every opportunity, to maximize the maintenance of the legitimate rights and interests of the defendant -- a criminal lawyer such.
I think as a criminal lawyer role should mainly reflected in the following aspects:
First, try to find the facts and evidence, timely access to direct interest to the conviction and sentencing of the case, search for more laws favorable to the defendant.
Although forty-third of the criminal procedural law stipulates, prosecutors must be in accordance with the legal procedures, to prove the criminal suspect, defendant's guilt or innocence, crime seriousness of evidence. However, because the main responsibilities of the prosecution on behalf of the state accused of a crime are limited, the procuratorial organ is often difficult for the defendant may be reduced the facts on the basis of punishment and relevant provisions considered no danger of anything going wrong. While the lawyer's liability is different from prosecutors, lawyers are specifically for the defendant,According to the "law of criminal procedure": the role of lawyers in criminal cases according to the facts and the 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. Therefore, to find the defendant lawyer, conviction and sentencing in judicial organs without taking notice of direct favorable case facts and evidence, find the judiciary did not notice the more enabling law, the lawyer value. For example, the lawyers had done such a case, the defendant a total value of 58000 yuan of goods and white stole cash, the case facts are clear, irrefutable evidence fully, the defendant confession, the defendant in accordance with the ID card and the account of the age of computing the full 18 years of age. The public security organ, the procuratorate, the court thinks this is a less controversial, the case may apply the ordinary procedure simplified hearing. When I connected with this case, after careful analysis revealed a judicial organ does not have the conditions for the defendant. That is the white one was born in rural areas, often born only remember the lunar calendar, the Gregorian calendar was not recorded, after registration and apply for identity cards, are also used to remember the lunar calendar date of birth wrong when a Gregorian date of birth to register. If according to the corresponding advertisement is a birth date of the lunar calendar the Gregorian date calculation, was been advertising a not adult. In accordance with the provisions of the criminal law, the crime under the age of eighteen, shall be given a lighter or mitigated punishment. After the lawyer investigation of evidence, the court decided the accused crime under eighteen crime, the defendant to reduce the punishment.
 
Second, all the evidence materials carefully review prosecutors accused the defendant of a crime, tit for tat rebuttal of the questionable sentencing unfavorable to convict the facts and evidence.
141st of the criminal procedural law stipulates: "the people's Procuratorate considers that the facts of the crime suspects have been ascertained, the evidence is reliable and sufficient, the people's court to prosecute to the jurisdiction of the." Therefore, the case materials procuratorate prosecution generally do not easily give defense lawyer left obvious handle or vulnerability. As a good and responsible lawyer only all-round and multi angle in-depth study of the facts and evidence, batted all accused the defendant of criminal cases, the facts and evidence from the efforts of every detail to review the defendant criminal cases whether there might be some doubts and problems, it is the only way to find problems and breakthrough.
A proof of the defendant criminal evidence legality of the source;
Whether the two prove that the defendant criminal evidence has been verified;
Three accused the defendant of criminal evidence and the facts of the case by the credit relation between, and whether the objective existence;
The four is whether there are contradictions cannot be reasonably excluded between the evidence and the facts of the case against the accused crime;
Five is the accused the defendant of crime after the fact whether there are violations of common sense of life place etc.;
Example: the ratio of lawyers had run a crime on tax evasion case, as we all know, the enterprise tax payable is based on the enterprise in a certain time profits calculated according to a certain proportion. To determine the amount of business tax evasion, we must first clarify enterprise profit amount. Procuratorial organs provide an issue an authoritative accounting identification mechanism about the enterprise profit for the year amount to report to the court. To tell you the truth of general counsel, including the prosecutors, judges do not understand financial knowledge, it is difficult to question what professional identification report to. But in order to handle the case, the appraisal report I specially took the procuratorate provides to consult a certified public accountant of my friends know, through consultation, appraisal report of the enterprise profit amount is based on the total cost total income minus and last year the amount of loss calculation. And that the premise of this appraisal report true and effective judiciary is related materials provided to identify institutions must be complete and true. Prompted by the professionals, I decided to investigate the judicial organ related materials from the root to provide identification mechanism is true overall, results through careful investigation of a large number of discovery: corporate defendants convicted in a civil lawsuit compensate each other in ten million, and the judicial organs have not the verdict to provide identification mechanism, and then the ten million litigation losses has not been identified calculation mechanism in the enterprise cost. Thus the root of the overthrow of the report on the identification of enterprise profit amount made by the authority appraisal institutions.
 
Third, defense lawyers work in addition to discover the facts and evidence, timely access to direct interest to the conviction and sentencing of the case; a nuanced examination and tit for tat rebuttal of the facts and evidence against the defendant directly conviction and sentencing of the case, and comprises a defense use of favorable circumstances have certain reference to the role of the sentencing. For example, the accused had no criminal record, usually performed well, pleaded guilty attitude is good, positive return not premeditated, subjective malignant small the crimes the accused under panic, victims of their occurrence also exist certain fault on crime, the defendant family difficulties, have a small under the old need the support of defendant is deserving of sympathy local etc.......
 
Fourth, the role of lawyers in addition to the three mentioned for the defendant did a mitigated punishment or be exempted from the entity has pleaded not guilty, and some incidental action, as by repeatedly met with in addition to the facts of the case for solid defense, but also for the defendant to some psychological counseling for comfort, and the families of the transfer of some the daily affairs, asked whether the defendant need money, if the judicial organ to the defendant confessions by torture or other violations of the rights of the defendants behavior can provide the appeal and accusation, if the defendant in accordance with the guaranteed pending trial conditions, to apply for bail.