What Does a Sexual Assault Attorney Do?

A lawyer in a criminal case can accept the employment of a defendant in a public prosecution or private prosecution case, provide them with legal advice, represent a complaint, a complaint, apply for bail pending trial, accept the commission of a criminal suspect, defendant, and his close relatives or be appointed by a people's court.

Criminal case lawyer

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A lawyer in a criminal case can accept the employment of a defendant in a public prosecution or private prosecution case, provide them with legal advice, represent a complaint, a complaint, apply for bail pending trial, accept the commission of a criminal suspect, defendant, and his close relatives or be appointed by a people's court.

Lawyers for guilty defense, innocent defense, and guilty defense for criminal suspects and defendants.

Chinese name

Criminal case lawyer

Foreign name

The lawyer in criminal cases

Location

An important part of the criminal procedure system

Origin

Ancient roman period

Scope of application

Criminal case

Whether it can be hired

Yes

Criminal defense, as an important part of the judicial system, and as an important part of the criminal procedure system, its history dates back to the ancient Roman period. The system is rooted in the idea of "respecting human dignity", emphasizing that criminal suspects and defendants are presumed innocent before being convicted without legally prescribed procedures, and enjoy the right to defense and other litigation rights. Other defenders participate in criminal proceedings and fully defend their legitimate rights and interests by fully exercising their right of defense and confronting the prosecution agency. The system has played a positive role in the formation of the complete litigation structure, the investigation of the facts of the case, the realization of procedural justice, and the improvement of the efficiency of litigation.

Duties of lawyers in criminal cases

Responsibility to customers

1. We must end utilitarianism.

2. Don't use the defendant's case as a stage to show his ability, and don't use the court as a platform to publicize his political views. In order to show off their eloquence, some lawyers are guilty of innocent crimes, and they are also irresponsible for clients.

Social responsibility

1. Responsibility to resolve social conflicts. Lawyers are not allowed to arbitrage and expand social conflicts.

2. Be a good example of contract performance and be honest.

3 In legislation and law enforcement, the legal responsibility of a legal person.

For the loopholes in legislation, we have the obligation to promptly report to the legislature through various methods such as writing articles and meetings.

Regarding the problems in law enforcement, if it is a corruption problem, it is a problem of disciplinary inspection. For other inherent problems in law enforcement, we are also obliged to call for the improvement of the legal system and law enforcement.

Professional responsibility

(1) Uncommitted results

(2) No public relations commitment

(3) No private fees

(4) Do not detract from peers

(5) Do not praise Haikou

(6) Not signing a risk agency contract

Strategies and systems of lawyer defense in criminal cases

In response to the allegations made by the public prosecution agency against the defendant, the basic defense methods that criminal defense can choose are: case fact defense, insufficient evidence defense, and law application defense.

Criminal defense procedures

Case fact defense

(1) Positively discuss and prove a specific act of a defendant that is different from the facts of the case filed by the public prosecution office; (2) Refute the determination of the facts of the case proposed by the public prosecution office, that is, discuss and prove that the public prosecution office has not sufficiently proved the defendant with evidence A person has committed a criminal act.

Case defense can be divided into:

1, the defense does not meet the elements of the crime, common practices are:

(1) State or prove that the defendant does not have the legal requirements for the subject of the crime.

(2) State or prove that the defendant does not have a criminal intention or criminal purpose.

(3) State or prove that the defendant has not objectively committed a criminal act.

(4) State or prove that it does not have the criminal purpose and criminal consequences required by certain criminal constitutions.

2. Defense of illegal causes

Generally, the defendant has not reached the age of criminal responsibility, the defendant is not capable of criminal responsibility for other reasons (mental reasons), and the defendant has proper defense, emergency avoidance or accident.

3.Plot defense

According to the facts of the case, the defense lawyer proposed the fact that the defendant had a first offense, surrendered, contributed, confessed, the victim's fault, prepared for crime, attempted crime, suspended crime, subordinate status in a joint crime, threatened crime, etc., which helped to reduce the punishment. And plot.

Insufficient evidence defence

1. The "solitary permit" cannot be finalized.

2. Exclude illegal, untrue, and unrelated evidence.

3. Evidence cannot constitute a chain of evidence.

4. Insufficient evidence to decide the case

(1) The prosecution evidence conflicts, the prosecution evidence cannot deny the defense evidence

(2) Prosecution evidence cannot rule out reasonable doubt

Application of law

Criminal defense principles

It means that the defense lawyer has no objection to the facts raised by the prosecution, but raises a different defense opinion from the public prosecution office on whether the fact constitutes a crime, what kind of crime it constitutes, the nature of the crime, conviction and sentencing.

1. Non-criminal defense. According to the legal principle of criminal punishment, the defendant's behavior is not in accordance with the specific legal provisions of the public prosecution office.

2. He defended his crime. According to the statutory principle of criminal punishment, the defendant's behavior was not in accordance with the specific legal provisions of the public prosecutor's charge, but met another rule of lighter criminal responsibility. The defendant's behavior was suspected of a criminal liability. Light crime.

3. Conviction and sentencing defense.

Duties and roles of criminal defense lawyers

I. Investigation Phase

1. The role of lawyers in the investigation stage:

After the public security organ, the People's Procuratorate, and other statutory organs conducting investigations have investigated a criminal suspect for the first time or taken coercive measures, a lawyer may accept the employment of the criminal suspect or his relatives, or other persons entrusted by the criminal suspect, Providing legal advice to criminal suspects, acting on behalf of complaints and complaints. If a criminal suspect is detained, he may apply for bail pending trial ^[1]

How can you maximize the protection of your relatives and friends when they are being summoned, detained, arrested, prosecuted, and tried? It is necessary to hire a criminal lawyer at this time. However, what kind of criminal defense lawyer can you trust? How to judge the pros and cons of a criminal defense lawyer? This is a problem that confuses many people. Law is a highly specialized discipline that not only focuses on theory, but also emphasizes practicality. Due to the lack of relevant background knowledge, parties often seem to be at a loss when choosing criminal lawyers.

Here is an individual's understanding from the perspective of a criminal defense lawyer:

Target lawyer's business direction

The lawyer industry is also divided into specialties. With the acceleration of the legal process and the promulgation of a large number of laws and regulations, the breakdown of the lawyer industry is becoming more and more obvious. In the past, the lawyers who did everything in the past are no longer feasible. Really successful lawyers usually only focus on two or three, even in a legal field, especially in big cities such as Beijing and Shanghai. Therefore, when a client chooses a criminal defense lawyer, he must be clear. What is the expertise of the lawyer you plan to choose? Is criminal business his specialty? If, unfortunately, you find a traffic lawyer or intellectual property lawyer for criminal defense, the effect is worrying. vice versa. It's like asking a pediatrician to perform a heart surgery. Most lawyers claim to be able to do criminal defense, but being able to do so may not necessarily do well. For ordinary lawyers, in their lifetime, they may complete more than a dozen cases, up to dozens of criminal defenses, and professional defense lawyers. In terms of it, it can complete hundreds or even thousands. With different practice accumulations, there are often quite different case handling effects.

Practical experience of target lawyers

The practical experience of the target lawyer is also crucial. Law is a practical subject, and certain social experience and social practical experience are very necessary. When hiring a criminal defense lawyer, we should pay attention to its practical experience and see if it has handled a considerable number of cases. What is the effect? Generally speaking, for criminal defense work, it is necessary to handle a certain number of criminal cases. However, it is not to say that the older the lawyer, the better. There are also many old lawyers with rigid thinking, dogma, and an objective reality. Generally, when the business focuses on criminal aspects for about five or six years, it can be said that mature criminal lawyers .

Expressiveness of target lawyer

Criminal defense lawyers should have good language skills. It can be said that meeting is a basic quality that a criminal lawyer should possess. A lawyer who is good at expressing, persuading others, and selling his arguments to others is a good litigator. It is difficult to imagine a clumsy person who can cope with the fierce battle in court . Therefore, good language skills are the qualities that criminal lawyers should possess. When choosing a lawyer, the client should pay attention to the lawyer's ability to express, and pay attention to whether the lawyer's language is organized? Is the idea clear? Can you catch the point? You must know that language expression is often an externalization of internal thinking. Strict logical thinking is the foundation and sharp language is the tool. The client can consider the lawyer's logical thinking ability through "listen more" to judge whether the lawyer's thinking is organized. This book is the most important, but it also needs to be considered. After all, a lawyer who can't speak fluently is hardly a good criminal defense lawyer.

Choose based on your financial affordability

Hiring a lawyer is a costly business, although compared to some large economic cases, the fees in criminal cases are not high, and can even be said to be low, but even so, for most working-class parties, Attorney's fees are also a considerable expense. At present, the "Beijing Lawyer's Litigation Agency Service Charge Administrative Guiding Price Standard" for lawyers' fees in criminal cases are collected separately according to different stages, which are specifically divided into: 1. Investigation stage, 2. Examination and prosecution 3. First instance stage. 4. Second trial stage 5. Retrial stage. According to the current regulations of Beijing, the maximum charge standard from the investigative stage to the first instance is 50,000 yuan, but some lawyers charge more than this. The client should understand that the level of the lawyer's fees is often related to the lawyer's practice experience, the effectiveness of the case, and the source of the case. Generally speaking, the more lawyers with richer practice experience, better case handling results and more cases, the higher their fees will be. But that's not to say that the higher the fee, the better the lawyer, and the better suited to your needs. What kind of lawyer to invite to handle a case should ultimately be considered in the light of his own financial capacity and the nature and characteristics of the case. For small cases with clear facts and qualitative non-controversy, there is no need to hire a lawyer for tens of thousands or tens of thousands of dollars. For cases that are difficult, complicated, qualitatively controversial, and have heavy sentencing, you should choose an experienced professional Lawyers act as defenders, and if you just want to save money at such a critical moment, it is likely to be wrong.

In addition: there are two other lawyers to pay attention to. 1. Exaggerate yourself. 2. Kua Haikou will definitely be able to do things. ^[2]