Why hire a lawyer for criminal cases? When should we hire a lawyer?

After a person commits a criminal act, they will soon face investigation by the public security organs, examination and approval of arrest and prosecution by the procuratorate, and judgment by the court. That is to say, we are about to face the accountability of the powerful state machinery mentioned above with our own efforts. The criminal defense lawyer is a force to join the above criminal procedure based on safeguarding the legitimate rights of the parties (the suspect who committed the crime).

Firstly, it is necessary to clarify a misunderstanding, which is:

Criminal defense lawyers do not speak for 'bad people'.

The criminal law first focuses on "behavior", and the punishment is also for "criminal behavior". The reason why "people" are punished by punishment is because they have committed "criminal behavior" that should not have been committed. So, rather than saying that criminal defense lawyers are speaking up for "bad people", it is more accurate to say that criminal defense lawyers are concerned about whether the "behavior" committed by the parties is a "criminal behavior", whether such behavior is worthy of punishment, and to what extent it should be punished.

Criminal defense lawyers can use their professional knowledge to identify behaviors that are not originally "criminal acts" and keep those who should not have been punished away from suffering; Criminal defense lawyers can also question the chain of evidence that accuses a person of a crime based on their own analysis of the evidence, as accusing a person of a crime requires "reliable and sufficient evidence"; Criminal defense lawyers can also raise doubts about the validity of the accused facts, and when there is doubt about the facts, they can clearly state the viewpoint of "favoring the defendant when there is doubt about the facts".

The value of our criminal defense lawyers is to ensure that those who should not be punished are not punished, and that those who should be punished are punished appropriately for their crimes.

Don't forget that everyone is a potential suspect.

Therefore, speaking up for the 'bad guys' is also speaking up for each of us.

When should we hire a lawyer?

Of course, the earlier the better! Having lawyers involved during the investigation by the public security organs is better than transferring the case to the procuratorate; It is better to have lawyers intervene during the review of cases by the prosecutor's office than during court trials; Having lawyers involved in the first instance is better than having lawyers involved in the second instance.

Because the earlier there is the intervention of the criminal defense lawyer, the earlier someone speaks for the client (suspect).

This is not about promoting the role of lawyers. Many cases can be handled objectively and fairly by public security, procuratorial and judicial authorities without the involvement of lawyers, and the parties involved can receive appropriate punishment for their crimes.

However, what I want to emphasize is "but". If there is no lawyer involved, the client (suspect) will lose a strong backing and a professional who knows how to speak for him. At this time, when the opinions of the public security organ, the procuratorate and the law are highly consistent, it may not be a good thing for the parties (suspect).

Note that what I said is' not necessarily '. Because no one can deny the scientific validity of 'listening to both sides leads to understanding'. The opinions or viewpoints put forward by lawyers based on the client's position are often a reference for colleagues in the public security, procuratorial and judicial fields, a comparison of understanding and analyzing evidence, summarizing and sorting out facts from different perspectives.

From a horizontal perspective, the mountains and sides form peaks, with different heights and distances. It can be seen that everyone has different perspectives and opinions, and examining things from different angles makes it easier to obtain the true appearance of things, making the objects of examination more three-dimensional and full.

Therefore, criminal defense lawyers are different from investigators, prosecutors and judges. They have their own positions and perspectives. They are the positions that safeguard the interests of the parties (suspect), based on the perspective that is beneficial to the parties (suspect).

It is precisely this position and perspective that have created opportunities to save the fate of the parties involved in many cases. Although wrongful cases are rare in the proportion of cases, they have never disappeared without a trace. Moreover, it cannot be denied that in difficult and complex cases, people often have different opinions. So, dissent often promotes thinking, while negotiation promotes fairness and justice. Without that party (the suspect) willing to gamble, he cannot be a lucky person. To paraphrase the phrase "the dust of the times falls on everyone is a heavy mountain", "the unfair fate falls on everyone is a heavy mountain".

Therefore, the earlier lawyers intervene in criminal cases, the earlier someone speaks for the party (suspect), and the earlier they put forward views that are beneficial to the party (suspect), the more likely they are to let opinions from different perspectives be accepted and accepted by colleagues of the public security organs, procuratorates and the law, and the more likely the fate of the party (suspect) will be changed.

Because colleagues in the public security, procuratorial, and judicial fields also pursue fair justice and sentencing for their crimes.

Finally, I also want to emphasize that the power of criminal defense seems to be a force for the parties (suspect) to speak, but in fact it is a force to promote the rule of law together with other judicial forces. Good laws and good governance "is the common pursuit of all legal professionals, including lawyers, investigators, prosecutors, and judges, and it is also a goal that can only be achieved through collective efforts. So, as members of the legal community, criminal defense lawyers are responsible for their duties, and based on the rule of law, everything they do is just a small stream.

But it is precisely because of countless small streams that they eventually converge into a turbulent river.