Has nothing to do with this case; Have the ability to fulfill the guarantee obligations; The enjoyment of political rights and personal freedom is unrestricted; Have a fixed residence and income. 1. Whether you can finally get a good judgment depends on whether you can find all the facts and plots that are beneficial to the defendant and explain them to the case-handling organ concisely, reasonably, reasonably and forcefully. Without access to the substantive evidence of the case, lawyers can't determine whether they are innocent or lightly sentenced, or whether they are sentenced to defense, and they can't predict the final result such as judgment-a good case result is made, not predicted out of thin air. 2. Criminal defense is a process. Only when lawyers get involved in the case and carry out specific defense work can they find all the facts and plots that are beneficial to the defendant. For the specific behavior details proved in the evidence materials, the investigation organs and procuratorial organs will interpret the legal attributes from the perspective of accusation, while the defense lawyers will interpret the legal attributes from the perspective of defense. Which interpretation method the court finally adopts depends on which interpretation is more reasonable. Click on the photo of our lawyer on the left to find the website. ) Check the contact information, charging standard, service introduction, miscellaneous notes on handling cases, charging research, general defense and other related contents in detail. 4. Lawyers are professionals, and doctors are divided into brain and chest specialties, as well as civil and criminal defense; At the same time, criminal cases are related to the personal freedom and property rights of the parties, and you can't wait or wait; Therefore, it is necessary to entrust a lawyer specializing in criminal defense business to handle it at the first time.
Legal objectivity:
The duty of criminal defense lawyers is to accept the entrustment of criminal suspects, defendants or their families, and put forward materials and opinions to prove their innocence, reduce their crimes or reduce or exempt their criminal responsibilities according to facts and laws, so as to safeguard their legitimate rights and interests. The duty of defense lawyers stipulated in Article 35 of China's Criminal Procedure Law mainly focuses on defending criminal suspects and defendants from the substantive aspects, that is, only debating and defending criminal entities, whether presenting materials to prove the innocence of criminal suspects and defendants, reducing or exempting them from criminal responsibility, or giving opinions, criminal defense is only conducted around criminal entity laws. Regarding the procedural defense responsibility, China's current criminal procedure law and related regulations are not clearly and fully affirmed. The so-called procedural criminal defense refers to: "In criminal defense, on the grounds that the investigation, prosecution and trial activities of the relevant departments are illegal, the opinions that the criminal suspect and defendant are innocent, the crime is light or should not be investigated for criminal responsibility are put forward, and it is required to supplement or restart the proceedings that have not been carried out according to law and exclude the illegally obtained evidence." (13) At present, in China's judicial practice, procedural defense has not been paid enough attention, and it is basically an invalid defense method. For example, for illegal evidence, it is limited to illegal verbal evidence (such as extorting a confession by torture), but it has little defense effect on illegal verbal evidence. For the confession made by the defendant who was tortured in court, the people's court often used the evidence issued by the investigation organ (that is, the public security organ wrote and sealed that it did not extort a confession by torture in the investigation activities), and considered the verbal evidence valid because the defendant had no evidence to prove that the investigation organ had extorted a confession by torture. This is as absurd as Zhang San borrowing money from Li Si, and Zhang San's own words prove that he didn't borrow money from Li Si. It does not include illegal material evidence, which makes the procedural defense of illegal evidence collection almost meaningless. This should attract great attention from the legislative and judicial practice circles. When revising the criminal procedure law in the future, the procedural defense responsibilities of defense lawyers and other defenders in criminal proceedings should be clearly defined. In addition to the direct responsibility of defense lawyers to safeguard the legitimate rights and interests of criminal suspects and defendants, some scholars believe that defense lawyers also have general responsibilities in criminal proceedings, that is, the responsibility of defense lawyers to assist criminal justice, including preventing and exposing mistakes in criminal justice, promoting compliance with the legal system, helping to safeguard individual rights and legitimate rights and interests, prompting the root causes and conditions of crimes, and promoting judicial education and perceptual realization. The general responsibility paid by defense lawyers requires defense lawyers not to interfere with the normal conduct of criminal justice. The key to this problem lies in whether the defense lawyers can take positive actions to help the judicial organs find the real entity from the standpoint of not benefiting the criminal suspects and defendants. According to the general duties of defense lawyers, it seems that they should answer directly. But this is actually related to the direct responsibility of defense lawyers to safeguard the legitimate rights and interests of criminal suspects and defendants and the general responsibility of assisting criminal justice. Therefore, in view of the status of criminal suspects and defendants in criminal proceedings, we can't overemphasize the responsibility of defense lawyers as criminal justice assistants, while ignoring the legitimate rights and interests of criminal suspects and defendants. Because the defense lawyer's direct responsibility can only be to help the judicial organs find the truth that is beneficial to the criminal suspects and defendants, and there is no obligation to help the judicial organs find the truth that is beneficial to the criminal suspects and defendants and to find out the truth that is beneficial to the criminal suspects and defendants. (14) Considering that the current laws of our country do not comprehensively stipulate the responsibilities of defense lawyers, and defense lawyers face many difficulties and obstacles in criminal proceedings, it is necessary for the legislature to clearly stipulate the nature and status of defense lawyers and the direct responsibility for safeguarding the legitimate rights and interests of criminal suspects and defendants, so as to promote the healthy development of China's lawyer cause. So that defense lawyers can better perform their defense duties and better safeguard the legitimate rights and interests of criminal suspects and defendants.