For our young lawyer, practicing experience particularly valuable. Yuan Zhi lawyers unreservedly to write their personal criminal defense experience, for us to share, thank Yuan Zhi lawyers, they salute you!

 

 

   The criminal defense lawyer environment is poor, the risk high, in the process of practice often encounter unfair treatment or even create difficulties, these are indisputable facts. But in recent years, criminal defense lawyers generally have an impetuous mentality, often from the moral high ground and seek the right to improve and guarantee. The system is not perfect and the part of the police and judicial officers (organs) behavior hinder lawyers to restrict or is an important reason leading to such problems. But frequently is discussed and called for the moral high ground, all attributed to the system is not perfect and the judicial environment is bad, so it is easy to overlook the understanding of their own problems, so as to put not practicing mentality, ignore to regulate their own practice and continuously improve the professional skills. Fundamentally speaking, this is not conducive to the improvement of the status of criminal defense lawyers and improve the practice environment. Although the author wouldn't speculate is part of the lawyer is to lofty purpose and the choice of the lawyer business, treat yourself as legal guardian, the embodiment of justice, fairness and angel, but the vast majority of lawyers are lawyers as their occupation, as their means of livelihood. Since the choice of the occupation, then it should be rational in the face of all sorts of criticism of its practicing environment, continuously improve in the real working environment to improve their professional skills and enhance the consciousness and ability of avoiding risk, with professional technology to crack when practicing spirit problems encountered, but also to the full and effective maintenance the litigant rights, truly realize self value and the rule of law in the process of Chinese make some contribution.

The attitude and practice of criminal defense lawyers

Criminal defense lawyers did have to survive in the cracks and development of feeling, there are also many grudges anger. Some of the difficulties, criminal defense lawyers puzzled and helpless and risk discussions and reports often can cause resonance. Chongqing "Li Zhuang case" and Beihai "four law case" and the recent Guizhou "the case". The lawyer's rights in our country, discusses the lack of practicing environmental deterioration to a new high. But the general feeling in the discussion, emotional pouring and the moral high ground blame too much, lead to lost in the misty and empty. A typical view is a criminal defense in China's relatively low proportion, the lawyer would not main reason of criminal defense business, and the important reason for this is to strengthen the defense rights. This view of coarse makes sense, but overlooked an important reality, although the proportion of the population and distribution of geographical perspective, the relative number of Chinese lawyer is not enough, but as long as a lawyer, the most let the headache is the business sources. Is the opinion of the author, the reason China criminal defense low proportion of major economic issues, but not seen in the detention house every big have different law firms in the stalls set up, did not see a lawyer to snatch business boost oneself and mutual slander, but not only engaged in lawyer business lawyers cry piteously for food, use use all one's skill for the source; did not see many lawyers and even some major suit lawyers have set the website promotion for the source, acting for some hot case known for profit. Of these, the reality is often associated with criminal defense lawyers in the right time, accused the judicial organs have to appear the intention of seizing the moral high ground role when be misfits, form bright contrast, mostly for social criticism and become the Judicial Restriction of the rights of lawyers to make excuses. The point, as a criminal defense lawyer, in the role of criminal suspects, defendants and maintenance at the same time, is also a benefit chaser. Only the clarity of understanding, can be more rational view of the confusion and dilemma of its faces, maintain a rational and calm heart, all sorts of risks to improve and break the appeal rights in practice, to keep the balance between road and lee.

A,   Maintenance of Rights: the unfair treatment necessary and difficult

I believe every criminal defense lawyers in the process of practice, are more or less experienced unfair treatment to public security and judicial organs and even difficult, this is also the most difficult to bear the criminal defense lawyer, also most be indignant things, but often after the right has been infringed also feel helpless forced to compromise, if meet again questioned the client will further to strengthen this emotion. A criminal lawyer together, treatment for different forms of injustice and will never lose a hot topic is from different angles to condemn their encounters, accused the current system is not perfect, accused of part of the judicial personnel quality is low, unbalance, sometimes even can evolve into a kind of extreme emotional catharsis, due to the judicial personnel wants to use this power rent-seeking. I quite understand that, in the course of practice, also faced or for large or small, in the beginning of lawyers at the beginning, also difficult to accept, difficult to calm state of mind to treat.

The lack of system level is an important cause for the criminal defense lawyer and injustice in the occupation of. China's criminal procedure is dominated by state organs exercise their lawyers, including other participants in the proceedings rights must rely on the public power and security, and the whole system, and establish the operation mechanism of criminal procedure in the basic trust in the public security and judicial personnel basis, protection clauses when the lack of public power does not guarantee the exercise of rights and the effective relief channel. This will lead to litigation participants including the rights of lawyers is able to effectively exercise often rely on the self constraint of public security organs, procuratorial organs and people's courts and self supervision. But when the lawyer's rights are restricted or deprived of time, these specialized state organs have abandoned the self-restraint and self supervision. In this case, the unfair treatment or persecution, only feel helpless, at the right and sigh. At the same time, due to the principal legal awareness, also know as a lawyer shall enjoy the rights of lawyers' defense right, but by the public power infringing, clients often do not understand, that the lawyer is not dedicated, questioned and even the ability to doubt the lawyer. The lawyer, as two bellows in rat by nature on the part of the public security organs, procuratorial organs and people's courts, the unfair treatment and make full of complaints, not rational and calm treat.

But I want to emphasize that, in the lawsuit the unfair treatment or persecution, as a Criminal Defense Lawyer Litigation Status and role of the decision, as a criminal defense lawyer will face challenges. The lawyer's rights is the essence of criminal suspects and defendants, right, is the representative of the criminal suspect, the defendant's rights. It is contradictory between the public security, power side of the procuratorial organs and representatives of the private rights of criminal suspects and defendants, a lawyer. This is in the interest of the confrontation between the ends of the facade will inevitably lead to a conflict of interest. In public security organs, the procuratorial organs to achieve benefits end the litigation purpose, will limit the rights of lawyers naturally or half unconsciously, delayed in exercising its security attorney rights duties, this is a very normal Department of the mind. Beyond the provisions of non mandatory, it is difficult to imagine the public security organs, procuratorial organs will own litigation purpose of tying their own hands. Coupled with the Chinese traditional concept, national and collective interests above personal interests, maintain public security organs, representing the crime one of the procurator procuratorial organs and state the collective interests of the status of the moral high ground, to a certain extent, to further strengthen their idle to perform the guarantee the exercise of the rights of responsibility without guilt moral sense. Therefore, the public security organ, the procuratorial organs can expect an objective and fair security law the exercise of rights is not the pursuit of reality. This is determined by its litigation status, which also as lawyers as defenders of the rights of the parties, must stand in the crime suspect, the accused party for the same reason. Originally, in criminal proceedings, there is a agency to balance and protect the lawyers and other participants in the proceedings the effective exercise of authority, which is at the center position of the court judgment, but because the litigation structure of our current, court to do objective and neutral position, it is difficult to bear the balance between public power and private the role of the right, in accordance with the provisions of the criminal procedure law, between the court and the procuratorate, the public security organ is a division of responsibilities, mutual coordination, mutual restraint, to some extent also shoulder the duty crime. The litigation status decision in opposition, and the lack of effective security mechanism, the criminal law in the process of practice is unfair treatment and difficult is not the. If more opinions, specialized state organs especially the public security organs and procuratorial organs in the practice of unfair treatment of lawyers, even for a lawyer is not because of personal preferences, personal quality problem, essence is their litigation status and role of decision. But, this kind of phenomenon even in the system level is already very perfect, also can not completely eliminate. So as a criminal defense attorney, should be rational to treat encountered in the course of practice, injustice and difficult, fully aware that this is the inevitable in the process of practice, do in the face of unfair treatment and difficult time maintaining peace and rational.

Two, the interests of the chase: give up the moral high ground unreal, the rational defence

In practice, many lawyers are always naturally or half unconsciously avoid its essence is driven by the interests and engaged in lawyer occupation, usually because the parties gave his view that a reasonable remuneration and accept party entrusts and safeguard the rights of the parties. The lawyer occupation itself is by maximizing the lawsuit benefit maximization and the realization of their own economic or other interests, their own as the interests of the chase, itself is not what the moral high ground, also not incarnate what justice, fair and legal guardian angel. We pierce to the heart of the matter of this point, the essence is to engage in criminal defense lawyer, how to reason with a variety China criticized and deficiency of current judicial environment, how to put their own position, in the real context, how to seek to maximize, the parties' litigation interests at the same time, avoid the risk of possible occupation by reasonable.

(a) to face China current judicial environment in various diseases and deficiencies in the context of reality, learn how to maximize the interests of the litigation

Chinese current judicial environment, not only in the system level or in practice, there are various diseases and problems, this is an indisputable fact. But the criticism and the lack of perfect elimination is not a day, as required by different legal person's common long-term efforts. But as a criminal defense attorney, is not likely to be divorced from the reality of judicial environment in specific defense work, if excessive deviation from the current judicial environment defense, often run counter to one's desire, wasted effort, not only may cause damage to the interest of the parties, but also increases the risk of their own occupation. Between the ideal and the reality always has a huge gap, criminal defense lawyers cannot forget oneself is in the reality of judicial environment to safeguard the rights of the parties, all should be how to maximize the litigation interests as the starting point, blindly blame and complaint does not help to solve the problem, also back its responsibilities. I don't mean all kinds of system and practice in criticism to pay no heed, just blindly unprincipled compromise and compromise, but to learn to be rational to treat, right in the face, put aside minor problems, see the essence of the problem. I have heard of a case, during the session, the law in order to highlight the effect of self defense, the defendant to appear in court also dressed in the vest and revolt, think this is a sign of clothes, in violation of the principle of presumption of innocence. Both sides in this debate for thirty minutes. From the law meaning, it should not allow the defendant in particular signs of clothes. But the defense is a curry favour by claptrap feeling, make the antagonism of court, maintain basically does not contribute to the maintenance of the defendant substantive rights, but human prevents three parties rational communication channels. This exaggerated the parties procedural rights, even exaggerate system should be right the parties procedural rules and does not require the practice, from the actual effect is not desirable. Discussion on specific cases of defense is not academic and theoretical, but not to the existing rules of criticism, the rules did not completely change the situation, must also be carried out in accordance with the existing rules of defense. The author thinks, instead, is not really put effort into case facts and evidence, not on the minor issue is entangled, step by step.

(two) is not controlled by the litigation status of their own, abide by the law of reason

Legal status of criminal defense lawyers decided to proceed from the interests of the parties, the parties to talk, no matter is the analysis of the facts and evidence, or on how to apply the law should stick to the lawsuit position, a certain tendency, this is very normal and as a criminal defense attorney the occupation moral should not be blamed. But defense is a process of the facts and truth process, through rational argument to convince others, not their performance, but not the sophistry and sophistry. Self acting seemingly lively, but will only expose oneself to ridicule. Whether it is identified, evidence of fact interpretation or understanding of the law, have a common should abide by the rules, must be consistent with the empirical rule and the logical rules, must be reasonable, can It stands to reason., able to withstand the scrutiny. Therefore, defense lawyers are legal status itself but not by the litigation status of the control, and loss of legal person's rationality. In practice, many lawyers whether for the parties to meet or the need for possession. In imposing on the surface, like the pursuit of lively effect, purely from its action to the facts and law, not to the professional judgement of the spirit of analysis of case facts and evidence, accurately assess and predict the law the parties may face the risk of losing, the professionals need professional spirit stick. The most obvious manifestation of which is, is not based on facts and evidence on the objective analysis to guide and form their own defense point of view, but first of all to establish facts by using selective a defense views, a clear tendency analysis of the evidence, do not follow common sense, often feeling, sense, speaking about the truth. The facts and evidence from different point of view, it may show different colors, this is also one of the reasons for the fight against the Anglo American law, through the different perspective on the facts and evidence for interpretation, to comprehensive understanding of the facts and evidence. But this is only the different angle of view, is not the basic methods of different. Just use the same way to look at the problem from different angles. Follow the basic principles and methods is the law people should adhere to the rational, this is not because the litigation status of its shaken.

(three) do not control for their own interests, the use of professional and information superiority to mislead the parties and seek improper interests

As a lawyer, the purpose is to make money, this is not a matter of shame, purely ethical "gentleman villain in righteousness, see good" preaching in sometimes hinder everyone do their job. It is important whether justice or profit or see, by what means are reached. Should not be accused of lawyers in the premise of realizing the lawsuit benefit maximization, lawyer pursue the maximization of their own interests, because only in this way, the lawyer had the power to maintain the interests of the parties to litigation. But should condemn the lawyer only by self-interest control, the use of professional and information superiority to mislead the parties to realize their own interests is not reasonable. In criminal litigation, often is to use their own professional and information superiority to mislead the parties, make unrealistic promises to the parties to make the wrong choices and obtain illegitimate interests. This approach not only violated their occupation morality, will greatly increase the risk of their own. The risk of criminal defense lawyer is a a commonplace talk of an old scholar topic, there have been some public security and judicial organs for the Department and is caused by personal interest breach of privilege, it doesn't matter and the lawyer's practice, but the undeniable fact is, also have part is driven by interests because lawyers, let oneself practice behavior loss degree even use unscrupulous divisive tactics for burning body. Almost all the emergence of this situation, people tend to public security and judicial behavior rise together and expel sb., forget their own behavior to review, the author thinks, this is a kind of irrational practices, not only conducive to problem solve, is not conducive to the healthy development of the cause of criminal defense. In one case the author has been aware of, a lawyer by the public security organs shall be investigated for criminal responsibility in the crime of fraud, there is an important detail in them, is the law on parties commitment can help them apply for bail and charged 200000 yuan lawyer fees, and the case of drug cases, according to the present law and the relevant judicial interpretations, this kind of case is generally not possible to bail, this commitment objectively impossible. As to whether it is able to constitute fraud remains to be discussed, but in the process of practice fraud behavior is self-evident, at least is a lawyer left the handle and make themselves facing criminal investigation. If the law did not make this unrealistic promises, whether the parties are willing to pay such a lawyer or questionable. This is controlled by its own interests, use professional advantage and information and mislead the parties and seek unreasonable interest is actually let the lawyers themselves in danger. The lawyer fees should be established on the basis of good faith and not use their position to mislead the parties. This clear, problem analysis thoroughly, so that not only help between lawyers and the parties to establish the trust relationship, but also avoid to appear similar to "Li Zhuang case". Too high legal fees will be driven by the law in order to realize the legal fees and rack one's brains even the law regardless of, do not pay attention to their own defense behavior inside, do not pay attention to risk averse. In the pursuit of the interests and not by the interest control, realize their own interests must be based on good faith foundation, based on the interests of the parties to safeguard.

Three, rational interpretation of the facts and the law applicable to the effective defense

How to analyze the facts and evidence, and to find in favor of the defense point of view? How to from a legal point of view on the formation of the parties favour? This is a criminal defense lawyer of the basic professional skills, but it is precisely these basic skills are often overlooked by many people. Either in time for the cases with blending, coordination is the first priority, handle a case to is how to blend coordination, run time and energy on blending and coordination, do not pay attention to their own professional quality; or subject to himself as defender role, blindly cater parties, ignoring the facts and the law the loss of legal, rational person, the word must be innocent or the evidence is insufficient, the pursuit of vanity defense effect. The author thinks, as a criminal lawyer, should have the necessary communication and coordination ability, but the necessary communication and coordination ability to staff and the establishment of rational communication channels, rather than blending. The most basic and most important is their professional quality, analysis ability of facts and the application of the law, but also the only way of professional quality, ability and the handling a case personnel equal dialogue and exchanges. As for the basic facts and evidence analysis method and application of the law and principles to be followed, this is a legal person is the most basic skills, here, the author just how rational interpretation of the facts and evidence and applicable law form the defense point of view need to pay attention to the problem of

(A)Attention should be paid to the interpretation of the facts

 

 The same objective facts, from different angles to study may draw very different fact effect, therefore, as a defense attorneyToTo be good at studying the facts from different angles. Through the different interpretation of the parties, for their beneficial conclusions for effective defense services from the fact. Rape cases in a family based management, of this act if you stand on the moral point of view, it belongs to the wicked, shall be given a heavier punishment, but if you stand on the restorative justice perspective, it should consider the damage repair, kinship between the later, the author from the perspective of restorative justice perspective made a good defense effect.

But in practice often have a lawyer to defend freely misrepresent facts or even cutting the fact. Outstanding performance:

One is not conducive to defend himself to pay no heed to the fact. Only to see the positive side of facts, and ignore the fact that the defense of the disadvantageous place, Overgeneralization, from point to area.

Two is the interpretation of the facts is not rational, not to follow the general law or common sense common sense interpretation of the facts.

The surface of such practices look lively, even a very good in effect, the parties also happy, think that the lawyer badly, can put the dead that live, black into white, but experts see, that is with unreasonable demands, does not speak the truth, the final and cannot achieve good defense effect.

  1, interpretation of facts should be based on facts and objective comprehensive analysis, only to find a way to read the fact of different on this basis, in order to find the best method of interpreting without bias.

A criminal defense attorney, in time for the case, first of all to make clear what is the truth? The existing facts have evidence to prove it? Never deliberately avoided may bring negative effect to the facts of the parties, even if the current evidence is not sufficient to prove that the parties not in fact. Because only based on a comprehensive grasp the fact, can comprehend the fact there is a solid foundation and not biased, also can make their own interpretation of the facts is reasonable, It stands to reason., also can effectively discover and plugging loopholes in existing but facts and potential risks. Therefore, in the interpretation of the facts, can not only see one side to defend, also want to pay attention to that is not conducive to defend themselves and be good at side, in which to seek to exclude these two different interpretations of the integration of the road. This not only to convince people, more able to plug loopholes in defence of it, for his interpretation provides more reasonable and comprehensive explanation, enhance the persuasive

2,With facts to guide and form their own defense point of view, not to have their own defense point of view, and use the defense point of view to take advantage of the fact.

Although the law responsibility is to the parties to do light offence or defense of innocence, it decides the basic use of attitude and method of fact. But the author thinks must be facts to guide and form their own defense point of view, rather than the first establish a defense point of view to take advantage of the fact. This involves a thinking method and the sequential problem. Only in this way, to be able to fully explore the fact itself. Objective analysis of the facts to hold, as the defense lawyer just have a position and attitude problem based on facts. If the first established its own defense point of view, it is easy to on the first link is not objective facts analysis of the holding, only, do not see the forest for the trees, but also easily lead to adverse side defense did not understand, can not stand each other to refute, easy to be broken and overthrow.

       3, to a certain extent that premise to defend himself adverse facts, identify vulnerabilities from it, is not a retreat

Blindly deny or avoid the fact that their surface negative view is held its ground, but this method is very difficult, very passive; two is a stick, tend to ignore the adverse facts may be there to interpret their advantage, no reserved space for yourself. If you have to point out that there may be to their advantage of unfavorable factors of facts, may turn bad into good effect. A documentary I saw Yunnan Du Peiwu case, the prosecution has two sets of evidence, one is the soil found in Du Peiwu sole, it proves Du Peiwu to the scene, another group of evidence extracted residue powder in Du Peiwu's cuffs, as that Du Peiwu recently used weapons evidence. In the case of Du Peiwu after the review, can be found on the two set of evidence can be used in other interpretation, a, Du Peiwu as the victim's husband, after the incident to the scene, he left the scene in the shoe sole soil is very normal, two is the Du Peiwu where the branch two days before the shooting training organization, on the cuff extraction the residue was normal. In fact, this shows different possibilities for real, may be on the defense side surface unfavorable facts. As defense counsel be good at exploring on the defense side benefit adverse facts, sometimes on the surface is a step, it may get into the two step of victory.

(Two) the basic method and principle of the applicable law, the basic principles and methods can not defend themselves need to break the law applicable.

1, the applicable law of herself sometimes is feasible, but may not violate the basic principles and methods of law interpretation, must It stands to reason

The applicable law of controversy and different comprehension is very normal thing, this crime and other crime, serious crime in crime, crime and non crime dispute often is derived from the application of the law. This is mainly because of the laws of different understanding and explanation, of course also includes the fact analysis and judgment of the problem. We all know that there are different methods of legal interpretation, have different viewpoints and theories. But no matter what doctrines and ideas, basic principles and methods should follow the legal interpretation, must It stands to reason.

Contact with a number of lawyers in practice, but also exposed some prosecutors and judges, who in some cases to their litigation need in the application of the law, contrary to the principles and methods of a legal occupation people should follow, the interpretation of law completely all for me, completely according to your own point of view interpretation of the law, even. The author does not seek to defend themselves against beneficial viewpoints and theories in the application of the law, the basic principles and methods but must meet the legal interpretation, so that we can It stands to reason.

2, should be good at discovering problems, seeking legal support and reasonable, and the use of criminal law theory of skilled to enhance their own defense point of view.

Whether it is to do the innocence or light offence defense, must find ways to solve problems, and this method to have legal support and reasonable, there are the basis and reasons. The legal support, there are several different levels; one is the definite provisions of laws and judicial interpretations, this should be the most powerful legal support; two is the establishment of the relevant judicial documents and the spirit of the criminal policy, which also can be used as the law applicable law understanding basis; three, the general theory or similar case; also can find the way to solve the problem from it; four, another point is to cater for the judicial organ of certain practices. At the same time, must be good at using the theory of criminal law to strengthen its defense force of the argument, let oneself view to stand up to scrutiny.

(three) to study the case background, make full use of case establishment plan, need is available to public security and judicial personnel interests to get the best defense effect

   Mention the case background, easy to let a person feel not tell the truth no law. In fact, in any case they cannot do without specified circumstances, decide a case except the legal basic success factors, there are other issues need attention. Remember, a judge said, a decision if it comes, the community reacted strongly, either the law itself has the problem, or is the machinery in the treatment of applicable laws do not take into account the actual effect of handling the case. Any simple case, the legal theory and legal way of thinking is not conducive to the case ultimately processing, especially in the current judicial environment. Not to mention the law itself does not make or occupy a unique position, even so, in the process of application of the law must also consider the final effect is in compliance with local public opinion, accepted and understood by the public. The formation of any judgment, not simply on the basis of the law, it is the case of multiple factors at play, but on the fundamental factors of law, if we can make good use of the favorable factors influence the judgment of, can make the law applicable balance themselves rather than the other. In reality, the application of the law is not as one plus one equals two so simple, shape regardless of legal understanding and specific results, must consider the case itself background and if the results can be accepted by the public. Criminal defense lawyers in handling cases, making defense strategies, the formation of specific defense views, special attention should be paid on the case analysis of background, find out the favorable factors for the case, to avoid adverse factors, which helps to achieve good effect of handling the case.

Here need to be mentioned, as an outstanding criminal defense attorney, special attention to the interests of the public security and judicial organs in different periods have their work objectives and under this goal, as a lawyer shall at any time to grasp and make good use of. Objectives and interests if the case processing happens to coincide with the public security and judicial organs, we should make full use of it, can effectively put the confrontation relationship into the relations of cooperation, to achieve a multiplier effect. At the same time, this should prompt us in time for the case, should be good at finding and fit the effective communication security judicial organs. In the confrontation between the surface of lawyers and public security and judicial organs, the litigation interests conflict, but its fundamental, because the two sides are on the same platform, in the same judicial context, application of the common law, use the same legal language, said the noble point is to maintain the dignity of law, guarantee law can be the correct implementation, achieve social fairness and justice, therefore, as long as the analytical case background, to find the meeting point between the effective communication public security and judicial organs have in many cases, the formation of a cooperative confrontation, cooperation basis of confrontation, this not only to the defense goal there is a great help, but also contribute to the practice of public security and judicial organs obtained in the process of understanding and respect, reduce the difficult situation.

 

The criminal defense skill

We also need their own hard, there will have a continuous improvement, defense skills, strict respect for the norms of practice, not only can effectively improve the quality of defense, with professional quality to win the party's approval, can also reduce and prevent the risk of necessary, change the criminal defense lawyer's social image, improve their social status. Criminal defense skills including pretrial and trial procedure before trial red, including how to receive the client, meeting, investigation and evidence collection, checking, and the pre-trial; trial including how to ask, quality certificate, proof and court debate.

A, how to receive the principal

How to receive the principal as the lawyer is the most basic and most important work. The client whether in what purpose, with the help of lawyers to choose what channels, but between lawyer and client are met for the first time, although it may have a preliminary understanding, but are not familiar with, also do not trust each other. How to gain the client's trust, will be the case next, it may be mixed with other independent legal capacity factors, but is the test of basic ability of a lawyer. How to communicate with the client? Including very rich communication and negotiation skills and mental grasp of the parties. Here, it is not how to seize the principal, but to say that we must pay attention to in the reception of the client when the problem, not to seize the principal and use unscrupulous divisive tactics.

(a) listen to client's statement, but not listen to only one side

Listen with patience is the premise to establish good, effective communication, as a lawyer, for clients in the warm at the same time to show care understanding, on the client's statement to listen, not to interrupt the statements of the parties concerned or show impatience. Otherwise, it may give the client a bad impression even think that do not respect him, this can achieve the principal-agent relationship. At the same time, may also affect the case to understand the situation, on how to establish the trust relationship behaved loss degree. But attention is required, the statements of the parties to maintain the necessary vigilance, to analyze and judge the objective, avoid blindly just listen into.

One is in China, because of the pretrial detention rate is very high, for the suspect, the defendant attorney general is their close relatives, not the case itself of the parties, the circumstances of the case may understand, but not necessarily fully; two is even if the parties to understand the circumstances of the case, but often draw on the advantages and avoid disadvantages heart based on may not seek truth from facts, statements, may evade the crucial point; three is due to the lack of legal knowledge, in what was important and what was not make errors, the No lawyer told, not important to tell the lawyer. These reasons requires lawyers when listen to the objective analysis and judgment according to its own experience and professional knowledge, when necessary, a reasonable guide. This will not only help lawyers can comprehensively understand the circumstances of the case, also can be in the reasonable prediction case judgment based on how to establish a trust relationship with the client, avoid the hidden danger for the future cooperation.

(two) do not make commitments to the case, even boast that

In the communication with the client to communicate, the client will generally require lawyers to forecast and judge the case and provide reasonable suggestions. This tends to make the law into a dilemma, if the answer is not clear, what can leave adequate leeway, it is difficult to obtain a client's trust, let go of the case, but if a clear answer, for the incomplete facts and evidence in cases of master, heart and not the end, also worry that the prediction error influence between principal and the relations of cooperation.

Because in practice, with the exception of a few law case is to come, you can choose, the vast majority of lawyers are looking for case, once the case at the door, is expected to the next. And in some cases, make a commitment, boast that really can also obtain the client's trust, help lawyers take the case. This leads to some lawyers to the case, make their promises, even boast that. Although it can not accurately predict the case before the king and put forward reasonable suggestions, is one of criteria for a lawyer is good, also can obtain the client's trust. As the doctor sees a doctor to the patient, to be able to find out the cause and can be an antidote against the disease. But this prediction based on objective analysis must be established, and should be left to their own room for maneuver. Just contact case, are generally not the facts of the case and evidence have an overall mastery, and along with the proceeding, the facts and evidence may also change, if you do not leave adequate leeway if, once the development procedure and its predictions do not coincide, the client will be on Lawyers lose confidence, even lawyers believe that deceive ourselves, to invite the lawyer in an awkward position. A feasible way is, if the client requirement analysis and judgement, can set a premise, that is all the analysis and judgment are based on current understanding of the facts of the case, to keep a posterior approach. However, even for the analysis and judgment of their very confident, absolutely can not easily commitment. Any of the litigation process are unpredictable variables, once easily promised to put oneself in the dangerous edge. In particular, resolutely put an end to the case of commitment, unrealistic, or even boast that. This approach has the following disadvantages;

(1) against the lawyer moral, increase the risk

This is essentially the use of their own professional advantage and information advantage to the parties to the fraud, the cooperation between the two sides based on not integrity. The fraud case itself not only obtained against their occupation moral, but also easily lead to the principal accused even complaints arise, increase their professional risks. In some cases the client will also tend to complain to rescind the contract and return the lawyer fees, as a lawyer, because their behavior is often forced to refund the flaws, finally lead to draw water with a bamboo basket.

(2) the impact of their own occupation development

Although there are differences in criminal cases and civil cases, many clients may in this life is and lawyers play a deal, less back. But it is definitely not a trade, lawyer's practicing word of mouth on their future occupation development is also very important, the dishonest or practicing fraud will eventually allow yourself to be eliminated.

(3) does not necessarily help docking.

Customers can pay legal fees and considerable client generally also have a strong social experience, lawyer unrealistic promises even boast that does not necessarily have the trust each other, could even lose the next case.

Therefore, in order to make that case unrealistic promises, boast that practice is lost watermelon, pick up the sesame seeds, covet petty profits. The nature between lawyer and client belongs to a kind of trust relationship must be established, on the basis of integrity, should be an objective analysis of the case, the rational analysis of the litigation process of possible situations, good and bad should be fully told the principal, keep the client informed the rational choice. But not for the case make unrealistic promises, even boast that.

(three) perfect procedures to clear rights and obligations and risk prevention

Lawyers in the Commission, should be strictly in accordance with the provisions of the clients of lawyer practice perfect, perfect can not ignore the relevant formalities for convenience or that have a client's trust. The whole process of the trust relationship between the principal lawyer does not necessarily through litigation, the reason and the attorney client could lead to rupture of principal-agent relationship, in order to avoid future disputes, reduce the risk, should be entrusted to, perfect entrust formalities to define the rights and obligations. Defense lawyers risk should first start from the parties, even though the energy credit practice, but also means that the party concerned can integrity. The lawyer's greatest enemy, the risk in practice many lawyers are coming from the party or because the parties of behavior. If the practice is not standardized, once the parties have criticized and questioned, light in the economic loss, weight may be subject to disciplinary action. In improving the proxy procedures at the same time, making the "risk prompt book", let the parties signed, is not a good way to avoid the risk of their own. Even if the parties do not integrity, disputes are also well documented, to reduce their own risk.

Two, meeting with the parties

The lawyer entrusted, one thing first and need to do is to go to the meeting with the parties. One of the parties has the following purposes: (1) confirm the principal-agent relationship, the establishment of a trust relationship with the parties concerned; (2) the parties and meet, the further understanding of the circumstances of the case; (3) showed that the lawyer has to work, to consolidate the relationship with the client.

The lawyer to meet the problem, there is a problem need to be mentioned. Although the public security and judicial organs in general will not limit the lawyers, the law of criminal procedure and the new, in addition to the "crimes of endangering national security, terrorism crime, crime of particularly great bribery case", the lawyer met the party does not need to accompany or approved, in complete the relevant formalities directly to the detention center will not be monitored. But for the three cases, public security and procuratorial organs can limit, this point, the lawyer should have a clear understanding and psychological preparation, suggestions when accepting the entrustment, it shall may be restricted to tell the client. Because in practice has been the public prosecution limitation leading lawyers can't meet with the parties, the client requests the termination of the contract, so care should be taken to prevent the occurrence of such a situation.

(a) do the preparatory work before the meeting

The lawyer to meet before, should complete the following work:

1, the need to go through the meeting approved the case handling organ case, shall immediately submit the relevant formalities related with the case handling organ and strive for approval.

2, the relevant legal knowledge preparation. The lawyer to meet the parties a work is to provide legal services for clients, then met before, should be based on the understanding to the circumstances of the case, have conducted relevant legal knowledge to prepare for, to provide legal advice to perfect the parties, the preparation meeting can also help gain the trust of the parties.

3, determine the meeting time, to inform the client. This is his work shows to the principal, to further strengthen the relationship with the client; the two is the principal usually things need lawyers tell the parties, to establish trust relationship between this can quickly with the parties. But it needs to pay attention, can help the client to tell things to it doesn't matter and case, which belongs to family life, otherwise, there may be suspected of collusion.

(two) meeting

1, met with in the process should pay attention to self protection

Many lawyers of the law of criminal procedure lawyer met without listening dance for joy, but did not see this in fact also increases the risk of lawyers. The principal parties, sometimes on lawyers put forward some unreasonable or even illegal, former lawyer also monitor or accompanied with refusal, now no monitoring and escort, the best reason to refuse not exist, may let the lawyers in a dilemma. Our view is that the unreasonable demands must be resolutely refused, but must pay attention to the way, don't hurt each other relations of cooperation, of course, if the principal, the parties do not understand, it can terminate the contract. The lawyer during the meeting to the relevant rules, in accordance with the law strictly, avoid the risk of their own.

The lawyer during the meeting: (1) for criminal suspects, defendants can not transfer any clues to cases, including expose crime clues; (2) do not use your mobile phone to make the criminal suspect, the defendant with the outside call; (3) can not be used in various ways with the suspect, the defendant colluded (4;) can not take non lawyers attended the meeting, never take the suspect, the defendant in no family; (5) not to suspect, defendant transfer regulation banned all kinds of information, goods; (6) to prevent criminal suspects, defendants took the opportunity to escape; (7) pay attention to communication way of speaking. In the exchange process, should pay attention to communication to speak, can not be directly instigate the falsehood of perjury, attention should also be paid to speak properly due to exchange abetting suspect. In order to meet objective, lawyers can adopt comprehensive and objective analysis of the facts and evidence and relevant legal provisions, provide the knowledge base to the parties, self defense, as to how to choose the parties, it is irrelevant things and law the parties themselves.

2, improve affinity, establish a trust relationship with the parties

The trust relationship between lawyer and client is the basis of defense system, in order to protect the trust relationship can be arranged in the litigation system, such as lawyers the obligations of confidentiality and privilege. The lawyer met the party, be the first to bear the brunt of the parties and between is to establish a trust relationship, which is the precondition of principal-agent relationship and to maintain effective comprehensive defense.

(1) improve affinity can rebuke to parties.

Although the parties may have committed crimes particularly bad, no moral bottom line, but once accepted the Commission, you participate in litigation purpose is defended him, you all right from the parties, the lawyer is to help the parties, not to accuse even accused. Since it is a service, so in our service object with respect to time, communicate and parties to improve affinity, try to think in his position, pay attention to the way words, can not be reprimanded and belittle the parties, only in this way, can establish mutual trust, also avoid because with tainted glasses First impressions are strongest and ignore the facts and evidence on the beneficial effects of parties, hold their own in the objective analysis.

(2) the patience to listen to the statements of the parties, but the prospect forecast case carefully.

Listen to the statements of the parties not only embodies the respect for the parties involved, but also an important channel to a comprehensive understanding of the basic facts and evidence of the case. Although the statements of the parties may evade the crucial point, but only lawyers at objective analysis and guide, is able to obtain adequate information. But note that, when the party requires lawyers to predict when the case prospect, carefully. One is the information is not comprehensive, just listen to the story, it is easy to forecast error; two even a comprehensive grasp of the information correct judgment, but also to avoid causing too optimistic to the parties or a pessimistic, processing influence subsequent cases.

(3) to spiritual comfort working parties, comfort and psychological counseling necessary

In general, the heart in custody are relatively fragile, need to be comforted and grooming. If the lawyer to provide legal help parties, also can make the necessary comfort and ease to the parties, which is conducive not only to help the parties to face reality, rational view of their situation, can more effectively with the lawyer defense; but also can get the parties and the relatives of gratitude, consolidate the principal-agent relationship between each other the. So as a criminal lawyer, should help not only in law to the parties, but also be good at using their own experience to help the parties through the heart. We always think, lawyers for the parties to provide services is full, if the legal service is the hardware, then this kind of psychological comfort and ease are software. In the hardware service is difficult to achieve a major breakthrough, the software service can play an important role in the fill, sometimes even can make up the hardware service on the helpless.

(4) to a bridge between Party and family life and family communication.

In the present judicial environment, the lawyer is often the only communication channels between the parties and their families. At the meeting, the lawyer should ask the parties have what kind of life demand and what the words to convey the family, good communication bridge between the parties and the relatives. But attention is required, the communication and the exchange must be not related to the facts of the case itself, but can not help the collusion, destroy evidence or transfer money laundering. Should only with life, family matters and cases it doesn't matter of the parties relating to civil right of disposition. Therefore, the parties request some unreasonable or even illegal, to explicitly tell it cannot help him to tell, if the parties have repeatedly insisted, must also pay attention to propriety, the message will tell, resolutely not to tell the. The lawyer for the service, but not through their own positive behavior change facts and evidence to help the parties to escape legal sanctions.

(5) the parties are detailed interpretation of the law.

Is one of the most important duties during the meeting a lawyer to provide legal advice and help, this not only let the parties know their rights and obligations, can use legal means to help protect themselves, but also to let the parties can rational acceptance situation now, restore confidence. In the interpretation of the law: one is to do a comprehensive and thorough, the favorable and unfavorable should tell the parties, legal risks faced by the party can not be avoided; two is to both physical and procedures, should not only tell clients about the alleged crime in criminal law provisions, and tell the litigation rights of the parties, limitation period and evidence the adoption of standard of proof rules, etc.. The legal provisions on fully informed, can help the parties have a clear judgment and cognition in self selected, to avoid misleading and make the wrong choice, also can use rights against part of judicial personnel illegal behavior.

Three, investigation and evidence collection

Criminal lawyer investigation of evidence has been considered to be the source of criminal lawyer at greatest risk, many criminal lawyers very taboo for investigation and evidence collection. This is due to our country is a single mode of investigation, lawyers do not enjoy rights as evidence investigation and the investigation organ, its investigation and evidence collection ability is weak; on the other hand, the lawyer investigation of evidence obtaining evidence is often not taken seriously the public security and judicial authority, even if the evidence investigation and the investigation organ the evidence is different, can easily lead to legal risk. However, as the criminal law, can not be complacent, in need of investigation and evidence collection should also be bold investigation and collection of evidence, but in the process of investigation and evidence collection should pay attention to protect themselves, to avoid legal risk.

(a) the standard investigation evidence collection behavior

Lawyers should be carried out in accordance with the provisions of the criminal procedure law of investigation organs of investigation and evidence collection procedures in the process of investigation and evidence collection. This is a can make their own investigation evidence procedure evidence legal, avoid because of legal procedural flaws affect the evidence; the two is to protect their role. These provisions such as: investigation and evidence collection should be two people, to notify the investigated the rights and obligations, people on the witness investigation should be separate and should make a written record of documentary evidence, material evidence should be clear about the source and forensics process and so on in the investigation.

 (two) on oral evidence investigation is to be especially careful, especially the investigation organ has examined the witness

Compared with physical evidence, oral evidence has more variability, so the lawyer on the verbal evidence investigation to be particularly cautious. If the investigating authorities have investigated witness, generally do not go to survey. If you are the results of the survey and the survey results deviate from the investigation organ, legal risk is easy to be trapped in the defender unpredictable. In this case, can be used for testifying in court settlement. We think, investigation of evidence law, should be pursued to check network principle, is not evidence of investigation of the investigation organ for investigation, but even the investigation organ not been investigated witness, counsel investigation should also pay special attention to. We should use recording, video or obtained from the book material, in order to avoid the risk.

(three) the safekeeping of family members submit evidence

Sometimes, the family will provide evidence, lawyers for the families to provide evidence to the proper custody, in principle by the original copies of their families of custody, custody, in order to prevent the risk of loss due to its own reason of evidence.

(four) the investigation evidence as the case should be timely exchange of views with the case handling organ

First, in the law of criminal procedure lawyer investigation of evidence for the scene of the crime, no longer to reach the age of criminal responsibility, does not have the capacity of criminal responsibility of three types of evidence must inform the public security and judicial organs, the legal obligation which in itself is a lawyer. Secondly, to obtain evidence in the investigation of evidence and the case handling organ timely exchange of views, can reduce the risk of lawyers. But in addition to the three kinds of evidence legal obligations, the other is AC, lawyers should be based on the circumstances of the case and the evidence itself as the case, to prevent because of this exchange in parties in the passive situation. In general, documentary evidence, material evidence, can timely communication, because the evidence of strong objectivity, not easy to be forged or tampered with, but in the communication, is generally the first to provide a copy of the original, the best produced in court testimony; the testimonial evidence, then carefully, to prevent accidents.

(five) is obviously false evidence not submitted to the judicial organ.

In practice, some clients will provide false evidence to the lawyer, providing false witnesses have lawyers to investigate. If the lawyer has to know is obviously false evidence cannot be provided to the judiciary, false witnesses not to investigate. Otherwise, very easy to let own risk, so that their own in a dangerous edge. In some cases, although lawyers through objective analysis and judgement, obviously aware of false evidence but parties adhere to submit, in this case, should clearly tell the advantages and risk, if the parties must do, as a lawyer firm can not participate in, not because the trust relationship between fear the influence with the parties and not for.

Four, marking

Because our criminal litigation model, the main facts and evidence of the case and even all the facts and evidence are centralized control in police prosecutors hands, these facts and evidence, embody a concentrated reflection of public security procuratorial organs formed in the process of handling cases of the materials. Through the consult material case volume is the main source of law to fully grasp the facts and evidence of the case. Access to the material, not only can grasp the prosecution accused evidence, can have a definite object in view when in the defense; but also have evidence of the beneficial in the case materials, can be used as justification. So, in this case is very important for effective defense lawyer. Especially the revised criminal procedure law, the prosecution lawyer in the review can comprehensive marking, lawyers should attach great importance to the work. As the basis of an effective defense work. Note that, although according to the provisions of the criminal procedure law, the materials can be for the party to verify the evidence, but not to the family to see more cannot copy families, in order to avoid theft or intimidate the witness to appear the situation.

(a) to master the scientific method of marking

In some cases the materials because it is simple and clear, evidence, the material is relatively small, but in some cases because of the facts of the case is complex, there will be a lot of archives. For the materials more files, how to scientifically marking is more important.

1, no matter how many documents, in marking the time must be careful

Some lawyers don't pay attention to details, marking time in crude and careless, so it is easy to ignore the facts and evidence to the defense advantageous, also easy to overlook the contradiction between the evidence.

2, in clarifying the clue, good at seizing key

In some cases the materials many, could not have a comprehensive and detailed review of the materials, therefore, more cases, to clarify the basic clue, seize the key file check carefully. However, no matter how much the case materials, all must pass, to prevent the omission. Based on over, according to the allegations make clear the clue, targeted to focus on access.

3, the use of excerpts or charting methods to improve the efficiency of reading

After consulting the materials, especially for the fact of complex cases, to extract in also consulted, it is somewhat similar to the reading time to do reading notes, so that can improve the reading efficiency. But in the extract time must be faithful to the original, but also should indicate the source for check and find. More evidence of some cases, but also through the list of verbal evidence analysis, so that can not only fully understand the evidence but also easy to find that the contradiction between the verbal evidence of crime, for complicated cases, common crime complex or relates to multiple fact, also can be produced through accused diagram method the alleged facts, not only can make clear to find bugs from.

(two) to help prosecutors, judges scoring

In practice, how to judge and prosecutor, effective communication is a very important problem. How to many factors in the formation of effective communication, but if the lawyer at work especially for some difficult case marking, can help the prosecutors, judges scoring way of thinking, to a certain extent can establish good communications with the prosecutor, judge. One is to reduce the work intensity of prosecutors, judges, prosecutors, judges would be more welcome; two can be formed as a result of different angle marking told prosecutors, judges, prosecutors and judges also can affect the understanding of the case in a certain extent. So for the complex cases, lawyers, the formation of scoring record or some charts, can be handed over to prosecutors and judges, prosecutors, judges can help more comprehensive access to the case file.

But if the lawyer in the marking process finds the facts and evidence have contradictions or omissions, should advance the communication and the exchange with the prosecutor, or deliberately not saying, wait until the court suddenly start revolt? We think, principles should be with the prosecutor frank communication and exchange.

First of all, do not want with a fear that prosecutors of communication is to prosecutors in exchange to fill gaps and lack of investigation, it seems that this position and role and a defender of conflict, feeling betrayed the party. But we think, whether the prosecution and the defense, and defense are charged to the facts and evidence, not purely procedural techniques to achieve its purpose of lawsuit. And this let prosecutors and judges aware of the facts and evidence in cases of conflict to fill gaps and lack of investigation, have reached the purpose of justification, let prosecutors aware of cases problems, do not rule out the case can be solved. At the same time, even in the trial phase is proposed, according to China's proceedings, prosecutors have deferred trial requires supplementary investigation power, can still improve and artificially delay the litigation process, did not solve the problem in front of.

Secondly, help between prosecutors establish trust relationship with this communication and exchanges, the prosecutor can listen to the views of lawyers and reducing the risk of medical practice. The honest good communication, able to obtain the prosecutor, to a certain extent, the respect, not only to the parties to establish cooperation relations, the prosecutor, judge can listen to the counsel. At the same time, also to avoid man-made conflicts and let each other in an embarrassing position, reduce the risk in practice. Between lawyers and prosecutors are antagonistic relationship, but not the enemy. After all, between us and the prosecutor's exchanges are not equal, if as a lawyer in the exchange process itself is not honest and rational, then the prosecutor can ignore advice lawyers, even deliberately limit the exercise of the right of defense lawyers. There is a mutual cooperation in the confrontation between lawyers and prosecutors, and that's when handling cases, must take the facts as the basis, take the law as the criterion.

Third, as for communication and exchange, prosecutors are still ignored the facts and evidence, it is individual phenomenon, can not be a reason for hindering communicate. We want to believe that the vast majority of the public prosecutor, judge or can be based on facts, the law as the criterion.

Five, pretrial preparation         

  The lawyer can reflect the trial process, also can show a lawyer in court, in order to have a good liquidity, before the court shall make the following preparations

(a) meeting with the parties, the parties to the trial to counseling

No matter how many times before met parties, and whether the parties have conducted a comprehensive communication and exchange. Before trial, the lawyer should be to meet the parties. Many parties are for the first time on the court, but the tension is not familiar with the trial process, the tension before the court, lawyers can slow the parties, to the party to explain in detail the trial process, counseling people how to deal with without loss of hearing. Moreover, lawyers and the parties in the same front in a court of law, pretrial meeting can exchange ideas and the defense again, making the party's self-defense and defense coordination, cooperate with each other, forming a whole. When exchanging defense ideas and parties, the need to pay attention to is, as a lawyer, although has the professional advantage is concerned more with the objective, but when the conflict with the defense requirements, cannot force the parties to accept the defense's own ideas, also can not ignore the defense requirements, independent blindly emphasizes the defense lawyer, the lawyer of Self Justification and the obvious conflict and contradiction. The defense lawyer has certain independence, but in spite of the defense requirements emphasize their independence, they did not notice the right to counsel is derived from the parties, without the authorization, there is no basis for any independent defence. But it can not cater to the parties, should be based on full play to the professional advantages, providing solutions for the parties, and detailed explanation may appear in different under the situation, let the parties to choose rational case. The parties some unrealistic ideas, should try to persuade the parties, but if a party refuses to accept, in is unable or unwilling to end the principal-agent relations, shall be based on clear interest on defense in accordance with the views of the parties.

  (two) sort and classify the need to present evidence, preparing evidence list and catalog, ready for the evidence and witnesses; to have witnesses, submitted to the court for the witness list, notify the witness to prepare

(three) prepare court inquiry and examination outline, and according to the case for solutions, draft defense mentality or defense outline.

 Six, to participate in the trial

The defense lawyer to court is centralized, comprehensive, and give full play to the stage, also most can manifest the comprehensive abilities of a lawyer and lawyer style show. Therefore, we on the trial defense than ever more attention should be paid to. But, as a lawyer involved in the trial to your goal in mind in order to achieve good defense effect, cannot take the court as self-expression (performance) stage, one-sided pursuit of good in effect, remember you persuade the court instead of the audience, to focus on the main problems, avoid excessive details lead to the parties interests damage to the public prosecutor and the judge, should respect, not because of the public prosecutor or judge procedural errors or unfair treatment at a court, tribunal or section to be justified, safeguard the party and its own defense right, forever to maximize the interests of the parties in the first place.

(a) how to ask the defendant

The court investigation in our country is from the interrogation (ask) the defendant, and is an independent stage. The purpose is through the bilateral interrogation (asking) makes the court can be a preliminary understanding of the defendant attitude to prosecutors accused of a crime, the facts of the case to make a first impression. Lawyers in the interrogation (ask) the defendant link energy must be highly concentrated, to pass the necessary inquiries to help the attitude of the parties and the fact that the highlights, and refute, to clarify the improper interrogation prosecutor.

1, must have a clear purpose

Lawyers in the interrogation of a defendant, must have a clear purpose, can not reflect the defender role, in order to ask ask. Generally speaking, the following three kinds of circumstances shall ask the defendant:

(1) associated with later in adducing evidences presented problems, provide evidence of the facts of the case, to show the position and attitude;

(2) a refutation, clarify the improper inquiries and to question the defendant, the prosecutor asked the questions in some misleading and even some impose things clear, reversed.

(3) conviction and sentencing of the accused favorable facts and circumstances by asking that. For example, the criminal law amendment (eight), the risk of probation on condition that the defendant no crime to repent, that is, the lawyer can deliberately asked the defendant after the crime and made sure whether farewell answer, the defendant confession, repentance attitude to show to the court.

Lawyer was questioning the defendant in the process, if have the benefit of the defense responses, and sometimes can also be stressed, and asked the court record.

2, ask to be careful, don't ask

Lawyer was questioning the time according to the facts and evidence in cases of considering whether the results of defense asked, if the results of the query can be particularly careful to defense is adverse to, in this case would not have run counter to one's desire, but also to avoid the effect of. Especially when the thing person mood swings or ask the co defendant, be careful, don't ask. Between the co defendant to mutual shirk responsibility, in many cases is not able to draw on their own client favorable answer from the other co defendants in the population, so in this case, to avoid as far as possible, after all, as a lawyer, CO accused of your fear and respect of the heart to be smaller than the public prosecutor or judge, as well as the possibility of lying. Resist the answer is very large, even in order to clarify the facts, refuting prosecutors or other defenders, improper interrogation, also points to date, the contradictions revealed can be, for behind through the evidence and testimony to his advantage and the facts and evidence to pave the way for.

3, ask questions to simple and clear, not to mention the complex problem

In general, the lawyer asked the parties before the public prosecutor interrogation has demonstrated the basic facts of the case and the defendant for the accused of a crime attitude. So the lawyer asked many times is to check network effects, or clarify, reverse the prosecutor improper interrogation. Therefore, the lawyer asks to have specific aim, therefore, should be simple and clear in asking the way, not to mention the complex problem. This is helpful to clear the purpose of lawyers asked the court; two is conducive to the answer. The best use of a question and answer way, avoid ask to let the courts do not know what to ask, the party also don't know how to answer

3, ask to meet defense identity

Counsel to the accused person (including the co defendant), must comply with the identity of the person as a defense. From the tone of inquiry and expression should have affinity, consistent with a defender identity rather than the public prosecutor, inquiry content is to defend the service for you rather than strengthening charges.

4 questions to avoid repetition

In order to save the resources, improve the efficiency of the proceedings, trial to have clear problem generally are not allowed to repeat. Some lawyers to show their defense function, tend to have clear question and ask, this is easily interrupted by the judge in the embarrassing situation; two had no meaning. If you want to ask questions in advance has been clear, and the need to strengthen, can be simply summarized that the lawyer's attitude. Of course, in special circumstances, favorable to the defendants that can have a sense of repetition, to strengthen the fact objective.

6, the improper inquiries to timely objection

The question has an important role is correct and clear, so that the prosecution in improper inquiries should be timely objection, remind the court attach importance to rectification, and to clarify the effect of.

(two) how to conduct cross examination in court

Quality certificate, was in court activities, defendants in accordance with procedures prescribed by law, on the other co defendants and their counsel and court to collect evidence, evidence from the objectivity, relevance, legitimacy and prove the objective, standard of proof and so on the question, question. In criminal proceedings, the prosecution bear the burden of proof, defense lawyer as long as they can find in the prosecution evidence, destruction of the chain of evidence, it means the burden of failure, can reach a defense objective. So the testimony of the prosecution evidence is especially important

1, quality of evidence

Testimony is the main object of the prosecution's evidence, but also includes the co defendants and their counsel to the court to provide evidence and the court in accordance with the authority to collect evidence.

Scope 2, cross examination:

For a single evidence, mainly from the three basic characteristics of evidence -- objectivity, relevance, legitimacy of evidence, in addition, also from the purpose of the standard of proof, proof of evidence.

3 basic methods, quality of evidence

Specifically, conduct cross examination from the following aspects: (1) the form elements of evidence examination. "The law of criminal procedure" evidence has 7 kinds, some evidence must have formal legal requirements, if do not have formal legal requirements, we can question. (2) the evidence provider statutory qualifications proposed testimony. (3) for questioning the legitimacy of sources of evidence. (4) the proof procedure can also conduct cross examination. (5) the burden of proof to give witness to carry on the analysis, proposed testimony. (6) must pay attention from the standard of proof of the prosecution's evidence for cross examination.

4, the illegal evidence exclusion

The criminal procedure law clearly illegal evidence exclusion, therefore, there is an important work in the course of testimony interrogation is to exclude the illegal evidence, to exclude illegally obtained evidence, should pay attention to the following points: (1) found that if the existence of illegal evidence may be, must be made, and must be in writing or in court proposed and requirements documented in court. (2) in accordance with the provisions of the criminal procedure law, to propose the illegal evidence, to provide a preliminary proof or clues, so in the proposed before, to prepare accordingly. (3) to provide clues, if not proof, can apply to the court for the witness to appear in court or court's authority was obtained, and the application must be made in writing or ask the court record. This prevents the court of first instance ignore, prepare for the second instance.

(three) the shift of burden of proof

Due to its ability of defenders to collect evidence, in practice, the defense has the evidence to the court to provide less, but it does not mean that the defense can not be the burden of proof. As a defense direction's burden of proof includes two kinds of evidence: one is to collect evidence in the files of the case, two is favorable to the defendants evidence. As a lawyer, especially good at using the prosecution evidence in court.

1 to the court, must be scientific, reasonable arrangements for the order of burden of proof, and to provide evidence to the court, the outline of the main points.

To collect evidence is best produce the originals in court, to cross examination, and will be recorded in the court records, in reality there are judges do not handle the transfer procedures in an evidence, the evidence was malicious to hide, let the lawyers very passive.

2, in the burden of proof, must clearly explain your proof and evidence collection to the court procedure

3 must be good at using the prosecution evidence in court.

Some lawyers argue that the evidence files, no need to propose, but we think, for the favorable to the defendant and the prosecution evidence for proof, must carry out. This is to remind the court takes seriously, two is in accordance with the law, without evidence cannot be used as evidence. Practice can use this approach. "These are favorable to the defendants evidence files, but prosecutors did not prove, now counsel submitted to the court evidence, if the court finds no need, only simple list list of evidence and the list, please record"

(four) the questioning of witnesses

The principle of direct verbal trial is a basic principle of justice, criminal witness not appearing in court has been a failed to effectively solve the problem. Amendments to the criminal procedure law, strengthen the witness system. This point, not only to the lawyers or prosecutors are a new challenge, need to improve the witnesses to appear in court next question witnesses and skills. How to cross examine the witness is a complex can only increase in actual combat, here the most important only to witness the most basic rules -- the rules of cross inquiry are introduced.

 How to ask the witness, although our country also has some principled requirements, such as can not induce, not threat, not forced, not personal attacks, not irrelevant to the case, but this is all provisions in principle, examination rules is not standardized, complete. In fact, foreign to the questioning of witnesses have the cross examination rules strictly, both sides must ask down in the examination rules requirements, if the violation of the rules, the court will stop, not allowed to ask. Is very strict cross examination rules, divided into the main query and anti examination. The main question is the direction of the party, arguing their witnesses questions, the main question is a basic rule, can only ask open-ended questions, not ask inductive problem. The so-called open questions, your problems may not contain the answer or a selective answer, generally use the where, when, how, why at the beginning, the open questions can have any answers.

But on the other side of the question, it is allowed the use of induction problem, because the other witnesses answer is usually destroyed by cross questioned the objectivity of witness testimony of witness testimony, uncover the contradictions between, and the fact that the vast majority are using the induction problem. The so-called induced problems, the answer to this question can only be "yes" or "no" or asking the witness to make a choice, in providing answers, purpose is to review, verification, validation, found the witness to answer the question in the main query when there is no loopholes, loopholes, is a challenge and the main questions the.

    In addition to witness inquiry, also include the appearance of identification of the inquiry, to appear in court the signing of inquiry shall be also applicable rules of cross inquiry, but due to the specific problems, should do, one is asked to ask the experts at the session, two is based on the law of criminal procedure revised, can hire experts as technical assistant to help themselves to cross examination.

(five) the court debate

The court debate is a culmination of all judicial activities, is to clarify their views to the court to defend, refuted the allegations of improper. The court debate including the conviction and sentencing defense lawyers to defend, do a good job in the pretrial adequate preparation, combined with the hearing situation, full, comprehensive defense made comments and refute the improper view.

The 1 argument is the pursuit of good judgment and not in effect

While good effect can be obtained in client satisfaction to a certain extent, can also play a role in the verdict, but good trial effect does not equate to good judgment. The debate is said to the court to hear, is said to the expert to listen. As the saying goes, dilettante watch the scene of bustle, experts see road. As the audience including the relatives, often simple lawyers believe that if we can speak in excitement in court, and even dare to attack the public prosecutor, contradicting the judge feel more powerful, in fact, regardless of the public prosecutor, judge, lawyer as legal occupation community, should and hope that the trial is conducted in the rational environment, all based on the facts and evidence for rational argument, rather than talk rapidly., clever spring took the word, a fence or sophistry. The problem discussed clearly, their views can give full play to it. Therefore, the court should note the following points:

(1) in the debate, the key issue to seize the case, an important issue, not entangled minor problems. The entanglement in the minor problems not only affect the efficiency of the litigation and may dilute the subject, will leave a bad influence to the court, but the impact of the court attached great importance to the counsel.

(2) not officers brutal attack. Investigators have violated the program even if unfair acts of lawyers, should also be treated rationally, objectively pointed out, adding. Absolutely not evolve into a personal attack, even a court, tribunal. Such as encountered in the practice of the judge does not treat the lawyer, fair as a lawyer, to avoid direct conflict with the judge, should have section points out the defense lawyer in a court trial rights, wants the court to be respected. The judge as commander of the court, lawyers should consciously safeguard the authority of the judge, the problems are pointed out and may request the court record, can communicate and exchange with the judge in the trial, don't automatically with the prosecutor or judge a head-on collision.

(3) the rational use of procedural defense. Due to various reasons, a lot of case handling procedures are defective or even a major flaw, a lawyer if procedural problems can exist on cases in court argued to result in a certain extent, but should reasonable use, can not have defence in procedural issues on all. In this trial, although good, but not necessarily contribute to the good judgment, but to a certain extent will ramp up tensions and the public prosecutor, judge, artificial barriers three normal rational communication channels. Some issues of procedure does not affect the substantive hearing, for these procedural issues, best not to become the focus of the dispute, the procedural problems can affect the entity, it should be timely. The court cannot evolve into criticism and attack the investigators and the units place.

(4) the defense made a to be concise, not a long and minute statement. The debate is for the court hearing, to listen to the experts, as long as the opinion clearly, let the judges understand their point of view it, not a long and minute statement. The court is indeed a lawyer to display individual you charm and knowledgeable places, but not deliberately performance even acting lawyer involved in the trial, defense, not for legal education and legal publicity.

The 2 fair use defense strategies, not simple pleaded not guilty

Use as a defense strategy, is about how to coordinate the relationship between lawyer and client processing between self defense. In our country, the defendant pleaded guilty attitude is an important factor of sentencing, so as a lawyer should pay attention to what time can not take the parties push in the first line, to let the party room. The confession in our current mode of action, and will not affect the lawyers, the most innocent or light defense, defense lawyer opinion published will not affect the court found guilty of the attitude. Especially in some cases, the crime on criminal boundaries blurred, can consider the parties and lawyers to plead not guilty plea. But the party guilty issue, if the basic facts established is controversial in the application of the law, will also be considered if no objection to the fact, and the neutral position of the applicable law, such as whether to constitute the crime the ruling by the court in accordance with the law, and said to the court ruling, lawyers in full swing to plead not guilty. In short, to be good at coordinating relationship between lawyers and the parties since the debate between the parties, not because of the issues that affect the attitude of the court.

In practice, there is such a phenomenon, some lawyers regardless of the facts and evidence, to show their parties to meet or simple simple innocence, and regard it as a defense strategy and practice. This would give the court the lawyer with unreasonable demands to leave the impression, in specific cases will affect the judge hearing their argument, if things go on like this, is not conducive to the evaluation with the legal community judges, prosecutors professional reputation and quality of their own; two is easy to let their own defense point of contradiction, let themselves in a dilemma, not conducive to self defense ideas clear. Often began to plead not guilty, and later because of the facts and evidence from the crime to spread light defense, let the judges are more confused, even suggested what, what is your view clear defense requirements, which fall into the embarrassing situation; three, so innocent of the noisy, will let the court ignored some of this on the favorable in fact, but which could express the most lightly defended the view is not smooth, so that it eventually damage the entity; four is that if the final judgment result is not ideal, will cause the litigant's resentment and blame. Because you will mislead the parties, not the objective understanding of their own faces, once the results of the unfavourable, resentment and blame can hardly be avoided. Therefore, objective analysis must counsel opinions based on the facts of the case, not simply to plead not guilty.

3 to be good at play, on the summary, and pay attention to the court dispute between the parties to conclude and suggest.

Although usually form in the defense ideas before the hearing, ready to defend the outline and even written defense, this is also a lot of lawyers in the trial of former work well. But because the facts and evidence, and not after the court investigation evidence, and in the court investigation evidence process will also reflect the exposed new problems, some new situation. So in the court debate, to pay special attention to the problems of the court investigation including testimony, reflect the exposure process, some new situations. A lawyer should be good at improvising, on-the-spot summary, random adjust their defense views and defending methods.

In our country, the court debate is generally divided into several rounds, in practice, after the judge start the first round of defense in both sides, will generally focus disputed parties and prompt the summary of defence, around the point of contention and requirements can not be repeated, so the lawyer should pay special attention to the bilateral dispute Court concluded and hints, when in the second round of defense against the point of contention defended his. If the judge summed up when not comprehensive, can also be appropriate to add.