Criminal Litigation

Criminal litigation is one of the main services of Hancheng, whose crime defense team has represented many cases with complexity, including of cases where the defendants were exonerated.  
Service scopes
A. Legal services for suspects at the investigation stage
At the investigation stage, after the criminal suspect is interrogated by public security, the prosecutor or other investigation organ for the first time or from the day which compulsory measures are adopted against him, a lawyer could be engaged by the suspect or his/her relatives, or any other people entrusted by the suspect, to meet the suspect; provides legal service for criminal suspects; represents the suspects to file petition and complaints ; applies for obtaining a guarantor pending trial..
a. Upon engagement, contact the investigation authority to understand charge(s) against the suspect, and request for an interview with the suspect.
b. During the interview, enquire about the case and provide legal advice to the suspect.
c. After interview with the suspect,  assess the charge(s) and particulars of the case, and if there is legal ground,  accept the engagement of the suspect and file a petition to in-charge authority for rectification on behalf of the suspect.
d. After interview with the suspect, if the suspect’s personal rights, or litigation rights or any other rights are infringed by the investigation authority, or the jurisdiction is improper,,the lawyer could act on behalf of the suspect, to file complaints to in-charge authorities.
B. Act as defending lawyer or representative at the prosecution stage
Lawyer can be engaged by the suspect him/herself or his/her relative to act as defending lawyer after the criminal case is transferred by the investigation authority to the prosecutor for prosecution.
a. Lawyer is entitled to review, take notes, photocopy case files and evidences.
b. Lawyer is entitled to investigate, collect documents related to the case.
c. Submit defence or attorney’s opinion to the prosecutor.
d. Lawyer has the right to request to release the suspect, change the compulsory measure towards the suspect, and apply for the guarantor pending trial if the detainment of suspect is prolonged than legally allowed.
e. Lawyer could file complaints if the suspect’s personal rights have been infringed.
f. Lawyer could file petitions on behalf of the suspect if he/she refuses the non-prosecution decision made by the procurator.
g.Lawyer could file petitions on behalf of the victim if he/she refuses the non-prosecution decision made by the prosecutor.
C. Act as defending lawyer at the first instance trial of a public prosecution case 
Lawyer could accept the engagement by the defendant or his/her relatives to act as defending lawyer after the case has been transferred from the prosecutor to court for the public prosecution.
a. Upon the engagement, lawyer will examine if the jurisdiction is correct, if not, then request to withdraw or transfer the case.
b. Lawyer has the right to examine case files and evidences.
c. Lawyer is entitled to interview the defendant, listen to the defendant’s statement and defence.
d. Lawyer can examine, collect files related to the case.
f. Lawyer will attend the hearing, court investigation and debate to protect the defendant’s lawful rights.
g. Lawyer can meet the defendant after the first instance judgment is rendered, listen to the defendant’s opinion on the judgment and his/her willingness to appeal or not.
D. Act as the defending lawyer in court of appeal of public prosecution case.
a. Upon  the engagement, lawyer could draft the petition of appeal on behalf of the defendant.
b. Lawyer can examine case files, meet the defendant, investigate and collect evidence.
c. Lawyer can submit defence to the court of appeal to safeguard the defendant’s lawful rights.
d.Lawyer can meet the defendant and listen to the defendant’s opinion on the judgment after the court of appeal judgment is released.
E. Represent the victim at trial of public prosecution case.
a. Lawyer can accept the engagement by the victim in public prosecution case to act as representive of the victim.
b. Lawyer can enquire the case, and examine related case files.
c. Lawyer can exercise the litigant rights at trial.
e. If the victim refuses to accept the first instance judgment, the lawyer can assist in
or represent the victim requesting the people's procuratorate to present a protest .  .
F. Act as the representative or defending lawyer in private prosecution case.
a. Represent the client in a private prosecution case.
b. Lawyer can accept the engagement of the client to act as his/her representative in a private prosecution case.
c. Lawyer can help the client to analyze the case, to ascertain the defendant and court with proper jurisdiction, investigate and find out relevant facts and evidences, draft the prosecution statement.
d. Lawyer can draft statement of incidental civil action if the client claims for damages..
e. Lawyer can assist the client in exercising his/her lawful rights by attending the hearing.
f. Act as the defending lawyer of the defendant in a private prosecution case.
g. Lawyer can accept the engagement by the defendant in a private prosecution case to act as his defending lawyer. The service scopes are similar to those under a public prosecution case.
G. Represent the party in an incidental civil action.Represent clients in petitions .
Lawyer can be engaged by the party or his/her legal representative or his/her close relatives, to file a petition against effective judgment or order to the court or the People’s Procuratorate. If the court decides to review the appealed case, the lawyer is entitled to exercise the right of defending lawyer  or representative  in compliance with law.

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