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What do lawyers do after they enter the inspection?
1. If a lawyer is hired in the investigation stage and the investigation organ transfers it to the procuratorate for examination and prosecution, it shall inform the lawyer.
2. After receiving the notice, the lawyer should contact his family in time to confirm the entrustment relationship. Prepare authorization materials, contact and confirm the case management window/center of the procuratorate, and ask whether the case has reached the procuratorate.
3. Submit authorization materials to the procuratorate, apply for marking and ask for the name and contact information of the prosecutor; If there is an electronic document CD on the day of application, apply for burning and waiting on the spot.
4. After receiving all the files, read the papers initially to understand the case, compare the information and evidence of the prosecution opinions, flexibly move the laws and regulations in your mind for analysis, sort out the main points of crime constitution and related contradictions or questions, and conduct legal analysis according to the existing evidence.
5. Bring special letter of introduction, power of attorney, practicing certificate, copy of prosecution opinion and other materials to the detention center to meet.
6. Meeting: At this stage, the suspect probably knows his own situation, and his statement and defense of the case are almost fixed. Therefore, the interview at this stage is mainly aimed at the verification of evidence. The contents of the interview include: communicating with the suspect, checking the authenticity of the evidence and the proof content of the evidence; Analyze and sort out the case, find the direction of defense, be guilty, innocent or lighter, or reduce or exempt criminal responsibility, expand the depth or breadth of the conversation during the meeting, and let the suspect recall all favorable or unfavorable facts; Communicate family or life situation, provide necessary psychological counseling and calm emotions; Make a meeting record for the suspect to sign.
7. According to the evidence of interview and marking, conduct a preliminary legal search, analyze the composition of suspected crimes, analyze the crime characterization and sentencing of reconnaissance organs, inquire about relevant judicial decisions, and form lawyers' opinions.
8. Lawyers have the right to investigate and collect evidence. However, practice is risky, and lawyers must be cautious in the process of collection and evidence collection.
9, contact the public prosecutor to submit defense opinions, if you can communicate face to face, it will be more effective. Consider the possibility of non-prosecution, bail pending trial and criminal reconciliation, and whether it is necessary to return to supplementary investigation.
Legal basis:
Article 28 of the Lawyers Law of People's Republic of China (PRC)
Lawyers can engage in the following businesses:
(a) to accept the entrustment of natural persons, legal persons or other organizations as legal advisers;
(two) to accept the entrustment of the parties in civil cases and administrative cases, to act as agents and to participate in litigation;
(3) Accepting the entrustment of criminal suspects and defendants in criminal cases or legal aid agencies to act as defenders according to law, accepting the entrustment of private prosecutors in private prosecution cases, victims in public prosecution cases or their close relatives to participate in litigation as agents;
(four) to accept the entrustment and represent the complaints of various litigation cases;
(five) to accept the entrustment and participate in mediation and arbitration activities;
(6) Accepting entrustment to provide non-litigation legal services;
(seven) to answer questions about the law and write litigation documents and other documents related to legal affairs.
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