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2023-08-03
{"zh":"办理刑事案件的一点感悟","en":"Reflections on Handling Criminal Cases"}
自从本人进入律师行业以来,经常接触各类刑事案件,从开始的陪同其他律师阅卷、会见、开庭到现在独立办理案件,这一路走来,经历的点点滴滴,让我感触良多。
办理刑事案件必须具有丰富的刑事知识储备。我们不仅要熟知我国刑法、修正案、刑事诉讼法及其他司法解释的相关规定,还需要时刻关注中央各部委发布的刑事指导性文件,这些具有法律效力的规范性文件对案件的定罪量刑也会产生很大的影响,比如说2012年2月23日,最高法、最高检、公安部联合发布《关于依法严惩“地沟油”犯罪活动的通知》,对生产、销售“地沟油”的7种情况明确了定罪量刑标准,根据通知,涉及“地沟油”犯罪的,最高可判死刑。涉“地沟油”犯罪判缓刑的,须同时宣告禁止令,禁止其在缓刑期内生产、销售食品等。这样的文件对该类案件的最终量刑就起到了非常重大的影响,我们必须与时俱进,及时的加以掌握。
办理刑事案件要妥善处理与公、检、法各部门的关系。有人会反映律师办理刑事案件阻力重重,受到诸多的人为因素限制,这一方面有法制不健全的客观影响,另一方面也可能是因为没有与公检法各部门进行充分、有效的沟通交流。行政机关办事总有自己的一套习惯、原则,我们在保证当事人利益的前提下,尽可能的多配合有关部门工作才能给自己创造出良好的办案环境,从而为当事人争取更多的机会和更大的利益。只有彼此尊重对方的工作,才能换取对方的信任,办案人员也会更耐心的听取你对案件的分析,充分的吸收、采纳我们的辩护意见,最终达到较佳的辩护效果。
办理刑事案件要有足够的耐心和细心。每起刑事案件都有无数的口供和证据材料,这就要求律师具备沉稳、细致的工作态度,从堆积如山的案卷中抽丝剥茧,寻找控方证据链的薄弱环节,进行重点突破,特别是死刑案件,由于现在国家对死刑案件从严把握,因此我们要是能够从案件中找到一、二处疑点就有可能让犯罪嫌疑人避免被判处死刑立即执行。个人感觉尸检报告非常重要,一部悬疑电视剧中有过一句台词:尸体会说话。尸检报告里对尸体的状况有个详尽的分析,通过伤口的一些情况我们可以推理还原出案发时的一些情况,从而对我们辩护起到很大的帮助作用。另外,公安所制作的一些情况说明看上去不起眼,但往往也会对我们有提示作用,这些情况说明经常是因为检察院退侦要求其补充相关证据材料,但由于客观条件所限,公安无法补齐相关证据才会出具情况说明加以解释,那么这部分缺失的证据就可以被我们加以利用,因此我们在复印案卷的时候也要多注意下这些容易被忽视的材料。
总之,办理刑事案件是对律师综合能力的一大考验,不仅要求律师具有丰富的刑事专业知识,也需要律师具有较强的沟通、协调能力,能够妥善处理与当事人之间及公检法各部门之间的关系,工作细致负责,将律师作用充分发挥出来。
Since I entered the legal profession, I have been frequently exposed to various criminal cases. From accompanying other lawyers to review papers, meet, and hold court sessions, to now handling cases independently, I have experienced many things along the way.
Handling criminal cases requires a rich reserve of criminal knowledge. We not only need to be familiar with the relevant provisions of China's Criminal Law, amendments, Criminal Procedure Law, and other judicial interpretations, but also need to constantly pay attention to the criminal guidance documents issued by central ministries and commissions. These legally effective normative documents will also have a significant impact on the conviction and sentencing of cases. For example, on February 23, 2012, the Supreme Law, the Supreme Procuratorate The Ministry of Public Security jointly issued the Notice on Strictly Punishing the Criminal Activities of "Gutter oil" in accordance with the Law, which defined the conviction and punishment standards for 7 cases of production and sales of "Gutter oil". According to the notice, those involved in "Gutter oil" crimes can be sentenced to death at most. If a suspended sentence is imposed for a crime involving "Gutter oil", a prohibition order shall be issued at the same time to prohibit the production and sale of food during the probation period. Such documents have a significant impact on the final sentencing of such cases, and we must keep up with the times and grasp them in a timely manner.
To handle criminal cases, it is necessary to properly handle the relationship with various departments such as the public security, procuratorate, and judiciary. Some people may report that lawyers face numerous obstacles in handling criminal cases, which are limited by many human factors. On the one hand, this may be due to the objective impact of inadequate legal system, and on the other hand, it may also be due to the lack of sufficient and effective communication and exchange with various departments of public security, procuratorate, and law. Administrative agencies always have their own set of habits and principles when handling affairs. On the premise of ensuring the interests of the parties involved, we should cooperate with relevant departments as much as possible to create a good case handling environment for ourselves, and thus strive for more opportunities and greater benefits for the parties involved. Only by respecting each other's work can we gain their trust, and the case handlers will be more patient in listening to your analysis of the case, fully absorbing and adopting our defense opinions, and ultimately achieving better defense results.
Handling criminal cases requires sufficient patience and attention. Every criminal case has countless confessions and evidential materials, which requires lawyers to have a calm and meticulous work attitude. They need to uncover the weak links in the prosecution's evidence chain and make key breakthroughs, especially in death penalty cases. Due to the strict control of death penalty cases in the country, if we can find one from the cases Two doubts may prevent the suspect from being sentenced to death immediately. I personally feel that the autopsy report is very important. In a suspenseful TV drama, there was a line: the body can speak. There is a detailed analysis of the condition of the corpse in the autopsy report, and we can infer and restore some of the situation at the time of the crime through some of the wounds, which plays a significant role in our defense. In addition, some situation statements made by the public security bureau may seem inconspicuous, but they often serve as reminders. These situation statements are often due to the prosecutor's request for supplementary evidence materials after the investigation is dismissed. However, due to objective conditions, the public security bureau is unable to provide relevant evidence before issuing a situation statement for explanation. Therefore, this missing evidence can be utilized by us, Therefore, when copying case files, we should also pay more attention to these easily overlooked materials.
In short, handling criminal cases is a major test of lawyers' comprehensive abilities. It not only requires lawyers to have rich criminal professional knowledge, but also requires lawyers to have strong communication and coordination abilities, be able to properly handle relationships with parties and various departments of public security, procuratorial and legal systems, work meticulously and responsibly, and fully play the role of lawyers.
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