The new criminal procedural law, lawyer task

2013Years1Month1Day, the revised "Criminal Procedure Law" carry out, defense lawyers also faces new tasks, mainly reflected in the:

1During the investigation, lawyers work is rich in content. During the investigation of lawyer first time intervention, by "three certificates" to meet with the criminal suspect, asked the case, and put forward opinions on the case and understanding, to the investigation organ. Defense lawyers work ahead of time. In the stage of investigation, lawyers can be issued by "the investigation stage legal advice" and "suggestions not to approve arrest legal opinion" and other documents. On the other hand, the lawyer must pay full attention to the risk, highly disciplined, the case must be kept secret, cannot guide the families of anti investigation. At the same time, the investigation organ also face higher against pressure, be a lawyer to supervise and restrict.

 

2Pay more attention to evidence. Counsel in the investigation, prosecution stage innocence, crime evidence not submitted, shall have the right to apply for access to the people's Procuratorate, the people's court. Secondly, the lawyer has the right to apply for a court to exclude the illegal collection of evidence, but should provide clues or materials.

 

3The cycle is long. The court of first instance trial of ordinary procedure3Month, approved extension3Months, the second instance trial2Months, and not including the people's Procuratorate1Months of reading time (add up to3Months), approval may be extended2Month. Such lawyers do a criminal case will generally1Years (in investigation3Month, the prosecution1.5Months, the first instance3Months, the second instance3Months). The lawyer energy is limited, then the case carefully.

 

4Application for bail or a new business. "The new provisions of criminal law could be sentenced penalty above, take bail without danger to the society" can be released on bail pending trial, the other side should be arrested (prescribed conditions may be sentenced to ten years or more severe punishment, or have an intentional crime or unidentified etc.), so its scope of expansion, lawyer to bail business will increase (lawyers to submit a bail application, the judicial organ shall be in3Days of the decision to agree). It should be noted that, bail out, does not mean that the probation or execution of sentence outside prison, but it may be in custody in a decision before and after.

 

5The new "mediation in cases of public prosecution procedure" (i.e., due to civil disputes may be sentenced to3The intentional crime and negligent crime may be sentenced to7Years of the following cases, if the settlement is successful, can be lenient punishment or non prosecution), which requires the criminal defense lawyer civil service skills, the tort compensation to be familiar with, only for reconciliation. The new "criminal suspects and defendants, escape, death case income confiscation procedure", the lawyer can people close relatives or interested parties to participate in the litigation agent. The mental patient newly added "not bear criminal responsibility according to law of compulsory medical procedures", the lawyer can also act as an agent ad litem. These new provisions, requires legal the expansion of knowledge, but not limited to criminal defense.

 

To make a long story short, the new criminal procedure law, lawyer task is heavier, the time is longer, the work intensity bigger, more self-discipline.