Current location : Home > Viewpoint

2023-08-03

Reflections on Handling Criminal Cases

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.


Scan QR code to add enterprise WeChat