Reading the case file of a criminal defense case is one of the important tasks of a defense lawyer after accepting the commission. According to China's laws, lawyers are not allowed to read the case file during the criminal investigation stage, and only at the stage of review for prosecution can lawyers read the case file.
However, in reality, many lawyers do not pay much attention to the reading of the file, do not have enough understanding, and do not read the file seriously. For some major, complex, and difficult cases, some lawyers do not know how to start, cannot find the key points of reading the case file, and are at a loss in the face of a large amount of evidence. Faced with a large amount of evidence, some lawyers only selectively consult part of the case file materials in order to save time and copying costs, but do not read the case file comprehensively.
In fact, through reading the case file, the defense lawyer can understand the facts, evidence and relevant legal provisions of the case, and lay a solid foundation for subsequent defense work. This article will introduce the tips for grading criminal defense cases to help defense lawyers better perform their duties.
1. Preparation before grading
Before starting to read the file, the defense lawyer needs to make the following preparations:
1.Understand the basic situation of the case: Understand the basic situation of the case, including the type of case, the persons involved, the time and place, etc., through communication with the parties and access to relevant materials.
2.Determine the focus of reading the case file: Based on the basic circumstances of the case, determine the focus of the case review, such as the facts, evidence, relevant laws and regulations, etc., and most importantly, the facts and evidence that involve the parties' doubts, doubts, dissatisfaction, non-admission of guilt, and other objections, must be used as a key point of review, so as to improve the efficiency of the case file.
3.Formulate a scoring plan: According to the complexity and time schedule of the case, formulate a detailed scoring plan, including the time, place, and personnel arrangements for the case file.
Second, the content and focus of the marking
1.Comprehensive review of evidence: The defense lawyer should conduct a comprehensive review of all evidence in the case, including physical evidence, documentary evidence, witness testimony, expert opinions, etc., to find contradictions and problems between the evidence. Many people only selectively consult part of the case file materials with a subjective understanding, which is not right, and we must remember that we must comprehensively consult the case file materials, and do not let go of any clues. In cases where there is a particularly large amount of case file materials, the client may be consulted to ask the client to bear the cost of printing and reproduction, so as to reduce the lawyer's financial burden and avoid the situation where the lawyer does not fully read the case file in order to save money.
2.Focus on reviewing key evidence: Focus on reviewing relevant evidence, such as evidence related to conviction and sentencing, parties' statements, etc., for key facts of the case and the focus of the dispute. In particular, when reading the case file during the trial phase, it is necessary to first communicate with the parties on the indictment of the public prosecution organ, and focus on reading the case file according to the parties' objections to the facts and charges of the case charged in the indictment. Evidence on whether a party has constituted a crime and what crime it constitutes must be focused and repeatedly studied.
3.Analyze the relevance of evidence: Defense lawyers should analyze the relevance of evidence to determine whether the evidence is true, legal, and valid, and whether there are contradictory circumstances. In particular, the testimony of multiple witnesses and the repeated questioning of the same witness should be found and analyzed. For the review of witness testimony, it is necessary to carefully study the time when the record was made, the place of questioning, the person questioning, the person present, whether the person who questioned whether they signed, whether there were any abnormalities in the signature, and whether the parties read and signed. Once illegal evidence is discovered, it is necessary to apply for the exclusion of illegal evidence in a timely manner.
4.Make a record of the case file: During the process of reading the case file, the defense lawyer should make a detailed record of the case file, recording the content of the evidence and the results of the review, so that it can be analyzed and used in the future. With regard to the contradictions and conflicts discovered in the case file, especially the contradictions between the testimony of witnesses, it is necessary to conclude that the key facts of the alleged parties commit crimes conflict in the record, which do not meet the standard of proof required by criminal evidence.
5.Communicate with the client: During the process of reading the case file, the defense lawyer should maintain communication with the client, understand the client's views and demands on the case, and provide reference for the follow-up defense strategy.
3. Work after grading
After completing the review of the case file, the defense lawyer needs to do the following:
1.Collation and analysis of evidence: According to the results of the case file, sort out and analyze the evidence, find out the problems and contradictions, and provide a basis for the follow-up defense strategy. For facts in doubt, the reproduced evidence may be studied repeatedly, and if necessary, the case file may be reviewed again.
2.Formulate a defense strategy: Formulate a detailed defense strategy based on the evidence and the parties' demands, including not guilty defense, minor crime defense, probation defense, etc.
3.Communicate with prosecutors and judges: After formulating a defense strategy, defense lawyers should maintain communication with prosecutors and judges to understand the prosecutors' and judges' views and opinions on the case, so as to prepare for subsequent trials.
4.Prepare defense materials: According to the defense strategy and the needs of the trial, prepare relevant defense materials, such as defense statements, cross-examination opinions, appraisal applications, etc.
5.Guide the parties to cooperate with the defense: explain the defense strategy and follow-up work plan to the parties in detail, guide the parties to cooperate with the defense work, and ensure that the parties fully understand their rights and obligations.
Through the application of the above skills and methods, defense lawyers can complete the review of criminal defense cases more efficiently, and lay a solid foundation for subsequent defense work. During the trial, the defense lawyer should flexibly use evidence, laws and regulations according to the actual situation, and strive for the maximum lawful rights and interests of the client. At the same time, defense lawyers should also maintain professional ethics and practice discipline to ensure the legitimacy and impartiality of defense work.
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