Criminal Lawyers in Chaoyang City: Commonly Used Legal Knowledge and Regulations
Time:
2022-08-22
1. According to the Criminal Procedure Law, under what circumstances is criminal responsibility not pursued?
Criminal responsibility is not pursued in any of the following situations. If an investigation has already been conducted, the case should be dismissed, or not prosecuted, or the trial should be terminated, or a not guilty verdict should be announced: (1) the circumstances are minor, the harm is not great, and it is not considered a crime; (2) the crime has exceeded the prosecution period; (3) a special pardon can exempt fines; (4) the crime is handled only according to criminal law, without notification or revocation; (5) the suspect or defendant has died; (6) exemption from criminal responsibility under other laws.
2. How should judicial personnel, prosecutors, and investigators recuse themselves?
Judges, prosecutors, and investigators in any of the following situations should recuse themselves, and the parties and their legal representatives also have the right to request their recusal: (1) the parties to the case or their relatives; (2) they themselves or their close relatives have an interest in the case; (3) they serve as witnesses, appraisers, defenders, or agents in the litigation; (4) other relationships with the parties that may affect the fair handling of the case.
3. What requirements are there for a suspect to appoint a defender?
The suspect has the right to appoint a defender from the date of the first interrogation by the investigation agency or from the date of the implementation of coercive measures; during the investigation, only one lawyer can be appointed as their defender. The defendant has the right to appoint a defender at any time. When the investigation agency first interrogates the suspect or takes coercive measures against the suspect, it should inform the suspect of their right to designate a defender.
4. What types of lawyer meetings require permission from the investigation agency?
In criminal cases involving endangering national security, terrorist activities, especially serious bribery offenses, defense lawyers meeting with detained suspects must obtain permission from the investigation agency. In the above cases, the investigation agency should notify the detention center in advance.
Defense lawyers meeting with detained suspects and defendants can understand the case situation and provide legal consultation. From the time the case is transferred for review and prosecution, they can verify relevant evidence with the suspects and defendants. When defense lawyers meet with suspects and defendants, they will not be supervised.
5. What types of evidence are there?
According to the Criminal Procedure Law, all materials that can be used to prove the facts of the case are considered evidence. Evidence includes: (1) physical evidence; (2) documentary evidence; (3) witness testimony; (4) victim statements; (5) confessions and defenses of the suspect and defendant; (6) expert opinions; (7) records of inspections, examinations, identifications, investigative experiments, etc.; (8) audiovisual materials and electronic data. Evidence must be verified before being used as a basis for judgment.
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