The criminal lawyer in Chaoyang City tells you the basics of criminal defense.
Time:
2022-08-22
The criminal lawyer in Chaoyang City tells you the common knowledge of criminal defense cases:
1. The client's words are not trustworthy; lawyers should not let the client's influence sway their thinking about the case.
This is because the client cannot see the documents unless they have been released on bail or are under house arrest. The client cannot see the suspect or defendant, and they may not have been present at the time of the crime. The client does not know how the suspect or defendant has testified during the investigation, nor do they know how others have testified. Additionally, due to family relationships, the client's description is often mixed with strong emotional colors, making it difficult to be objective and fair.
2. Years of experience tell us that cases handled by public security agencies do not have as detailed evidence as those investigated by the procuratorate. Therefore, when dealing with cases investigated by public security agencies, we should pay special attention to contradictions in the interrogation records, while in cases investigated by the procuratorate, we should pay special attention to their nature.
3. Pay attention to questioning techniques and do not openly oppose the court. Especially when it can easily be seen as a leading question, do not insist on your own way when the prosecutor objects or the judge stops it; instead, ask the question in a different way. For example, you ask the defendant, "You were not with Wang on the night of the incident, right?" If the prosecutor objects, or the judge interrupts at this moment, you might continue to ask your question, "Were you with Wang on the night of the incident?" After the previous objection or interruption, I believe the defendant will understand how to answer.
Defense lawyers generally do not repeat the content questioned by the prosecutor, as the prosecutor's questions are usually unfavorable to the defendant, and the defense lawyer does not need to have the defendant repeat unfavorable statements to deepen the judge's negative impression of the defendant.
4. Lawyers should try not to contact the victim and should not attempt to obtain evidence favorable to the defendant from witnesses of the case handling agency. This is because even if they provide evidence favorable to the defendant, once the case recurs, the case handling agency may feel great pressure to handle the case, and the final result is likely to be influenced by the lawyer, leading to coercion and persecution. Can a lawyer who does not know how to protect themselves rely on themselves to protect the defendant's legal rights?
So, do you know if there is evidence supporting the defendant without taking any action? Obviously not; you can apply for evidence from the case handling agency!
5. Unless there is definite certainty, there is no need to apply for witnesses to appear in court from the investigation agency. When I first engaged in criminal defense, I also applied for witnesses provided by the prosecutor to appear in court. In the limited trials of cases where the court notified witnesses to appear, there was no gain. To correct this reason, it is estimated that for safety reasons, the prosecutor has already provided necessary consultations to the witnesses before they appear in court, and the witnesses have mastered how to respond to the lawyer's inquiries.
6. Lawyers should learn more about certain cases, especially those published in announcements by the Supreme People's Court and local precedents. Although China does not have case law, the precedents of the Supreme Court will certainly influence the judges of local courts on certain issues. Understanding how previous courts have ruled in similar cases helps lawyers adjust their defense strategies in a timely manner.
7. Considering the current judicial environment and the supervisory role of the procuratorial organs over the judiciary, do not generally expect the court to make a not guilty verdict to avoid damaging the lawyer's confidence. If you firmly believe the defendant is innocent, it is best to resolve the case during the investigation stage or the review and prosecution stage. In all the cases I have handled, no defendant has been acquitted with the help of a lawyer, and all cases have been successfully handled during the investigation or prosecution stage.
Of course, not expecting the court to make a not guilty verdict does not mean that one cannot defend for innocence. Sometimes, as a strategy, defending for innocence is also beneficial, but the premise is to use it as a defense strategy. Additionally, this situation often occurs in multiple criminal cases.
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