Ask you a question: Do you think in the criminal court, who is the defendant’s friend? Who is the defendant’s enemy?
You will certainly not hesitate to say: that also ask? ! Of course, the defense lawyer is the friend of the defendant, and the prosecutor prosecutor is the enemy of the defendant.
Originally Well. The task of a prosecutor representing a State in support of a prosecution is to prosecute the crime, the goal of which is to have the accused sentenced to the appropriate punishment for his crime.
And defense lawyers? That is, people defendants spend money hired, the task and goal is also very clear, is to do everything possible to put forward the defendant guilty of innocent or innocent reasons, so that the defendant received a lighter, mitigated or not punished, Innocence is the result of release.
But in practice, sometimes you are really silly tell, in the end who are real friends, who are really enemies.
Originally, the facts were clear and there were sufficient evidences. In the indictment, the prosecutor had already found that the defendant confessed his crimes truthfully and met the “confession” requirement stipulated in the Criminal Law and could be punished leniently.
However, some defense lawyers must encourage the defendant to offer him the court without any reason, and kick the law of his hand from the light affair.
I have heard the most powerful one, prosecutors accused in the indictment was originally a statutory sentence for three years in prison.
After some defense lawyers “efforts”, stunned to plead became a legal sentence for three years in prison.
A bail case, the prosecutor’s sentencing proposal is suspended. At the opening of the court, the defense lawyer sitting opposite said only three words:
No comment on the facts of the charges charged in the indictment;
No opinion on the evidence presented by the prosecutor;
The defendant was a first-time accomplice, pleaded guilty to a good attitude, his family life is difficult, asked the court sentenced to probation.
Finished three sentences, patting ass leave, lawyer fees collected 80,000 people.
Some defense lawyers, no matter what the case, up three axes:
Objection to jurisdiction! I say you have no jurisdiction over the legal instruments that govern you.
Apply for a judge, prosecutors to avoid! There are some reasons that you can not imagine the wonderful things.
Full case evidence is illegal evidence! Require all to be excluded.
You have to say that you really reviewed all the case materials, put them forward after careful consideration and careful study, and then we have nothing to say.
But you have no reason and evidence, is entirely to die knock and knock, the judges engage in hair, in the end who is the last loss?
Still others, irrespective of fact and evidence, are innocent defenders. But also completely do not speak the law, had encountered in court:
“Although my client cheated the company and took the money she deserved, she was for the sake of the company! How could it be a crime ?!”
Taking advantage of his position to embezzle the property of the company is not a crime. According to your opinion, the company that has been invaded has to send the defendant a banner.
Some, that is too much to say the law. The court hearing does not tell you the case to tell the evidence, but talk to you about the theory of law, mouth is:
“According to Zhang Mingkai,” Criminal Law, “fourth edition XXX page contents, this situation is not enough to commit crimes.
Well, even if we all read Kai’s book, but Kai brother did not read the case file, nor did he know the facts of the case or the evidence.
Besides, we all use the fifth edition, you do not let me turn the fourth edition, you are not embarrassed me.
In such cases, prosecutors sometimes can not help but feel distressed for a second.
You said that spent so much money defense lawyers invited, the result is still a pit goods, it is simply a tragedy, it may as well not invited it.
When it comes to invited more defense lawyers who are not invited, they mainly have the following characteristics:
Just met for the first time with their relatives, simply heard the families introduced, immediately patted the chest and said that this case has the power to make you innocent guilty of the crime, the death penalty for you to do slow, periodical operation into a period of probation …
Just met with their families for the first time, to tell each other how much in the Public Prosecutors Law buddy, are the leverage of the ferromagnetic relations, what things can do for you myself.
Just met with their families for the first time, to tell you clearly, our lawyers fees high. Why high? Because you want to instruct ah, this I received 500,000 really cheap, because I have to send 300,000 it, you do not know, judges, prosecutors black it.
Some have not yet met with their families to find the family members’ phone calls through improper relationships and directly threaten others nakedly:
“I tell you, if you do not entrust me with this case, the people in your family will die.I’m in there, or else I will have your number as soon as I take it away!”
Signed a power of attorney, only to the detention center met once, come back to introduce you to the simple situation, began to make you think he was unusually busy, do not expect him to go to the detention center to meet again or twice. You find him again, may be on a business trip abroad.
Signed a power of attorney, did not tell you after the case was copied back the evidence of the case in the end what is a Gesha situation, you have not wanted to ask one more, immediately to you 怼 back: “Legal matters you do not understand!
Really, instead of scaring you, some defense lawyers do not read quotations until the court session. They all rely on the so-called “provisional response” in court.
In addition, the court just like eating chicken games, like air, 怼 prosecutors, 怼 judges, and even the clerk all 怼: “clerk, why do not you say I just said playing All right, what is your speed ?! ”
Everything has two sides. Please do not please, pig teammates the same bad defense lawyers.
At work, I often encounter that kind of dedication, seriousness and responsibility, diligent, rely on the law by professional speaking, outstanding defense lawyers.
These excellent defense lawyers have one thing in common:
It is really the client’s interests first.
They will go through the dossier over and over again to take notes, review the evidence one by one, find out the problems and flaws in it, and calculate the amount in a round of rounds so that the amount involved will be accurate and accurate.
They will objectively analyze the current situation with clients and their families. Describe the legal provisions and the specific circumstances of the case, describe the direction of your efforts, study the best defensive tactics, possible risks and the final results.
They will carefully write the defense words, prepare the defendants, witnesses, expert appraisers, the evidence of the evidence, the sharp problems found in the case, before the trial with the prosecutor, the judge for active and effective communication.
Some time ago, some people boldly predicted: With the development of artificial intelligence, one day lawyers may be replaced.
In my opinion, maybe legal work in the field of civil and commercial law, robots can replace lawyers, and even judges.
But in criminal cases, the possibility of artificial intelligence to replace defense attorneys, prosecutors and judges may not be that great.
Because the core part of the criminal case is “human”, the outcome of the trial is not the gains and losses of property, but fairness and justice, is human freedom, and even life.
Therefore, both prosecutors and defense lawyers should have a fear of their own work.
With the progress of the Department of Justice’s policy on the full coverage of criminal cases, the demand for criminal defense lawyers will also increase, the market will grow larger and the opportunities will increase.
And those who rely on flicker, relying on unreasonable death knock defense counsel will be eliminated by the market.
The last sentence: Every defense counsel with every intention will get the prosecutor’s understanding and respect.
Tips: How to identify the upcoming lawyer is not fly it? Very simple, to see a few he opened the court just fine