Lawyer in the world of film and television
Chapter 69 69. Right to Know
Chapter 69 69. Right to Know
"Reality is indeed much more exciting than TV dramas, it's amazing."
Zhang Wei laughed and clapped his hands when he heard the news. If it was really an illegitimate child, he would be able to hire a lawyer for killing his father and enemy after his father died, hoping to help reduce the crime to the greatest extent.
What spirit is this?
It is the spirit of communism with great selfless dedication!
"What do you think?" Zou Yu asked Zhang Wei, who was still acting like a fool, with some annoyance.
Zhang Wei knocked on the table when he heard this: "Tsk, in fact, if our client is not the murderer in a criminal case, the best and worst way is to find the real murderer.
It is best to say that this is the ironclad evidence, which can exonerate the client.
The worst is because the resources we have are vastly different from those of the prosecution. It is almost impossible to find the truth that even they have not discovered. "
And it is the truth, but the truth of this case seems to have been fully presented.
The victim was Li Ze, the chairman of Tianhe Group, who was 55 years old this year. He was killed a few days ago and died in his own home.
The point is that from the current point of view, the murderer is Richard. Although it seems suspicious, all the physical evidence has proved this matter.
Judging from the surveillance video, the suspect entered the victim's home at 9:34 and fled in a hurry at 9:40.
The murder weapon at the scene was a fruit knife on which the suspect's fingerprints had been detected, and the blood-stained clothes found in a nearby trash can were also proved to belong to the suspect.
It was too clear that there was almost nothing worth investigating in the whole case.
The dead, the scene, the murder weapon is there, the murderer has been caught, although he has not pleaded guilty, but the chain of evidence is almost formed.
Such cases with clear facts and clear context are not common.
In fact, if you work hard on manslaughter, it will be the easiest anyway, but it is a pity that Richard insisted on not pleading guilty and asked to plead not guilty.
"You won't be afraid of trouble, just give up this case. You still have no chance of winning." Zou Yu deliberately provoked Zhang Wei when he saw Zhang Wei who was thinking.
Zhang Wei laughed outright when he heard this: "I don't care about the trouble, as long as I have money, since that guy said that the Tianhe Group fully supports this case, I don't care about his family's grievances, as long as he has the money. "
After speaking, Zhang Wei walked out, and when he opened the door, he turned his head and gave instructions to the two people in the room.
"You two should investigate that Xu Jian carefully. It's too suspicious. It's best to start the investigation from his birth, including the information since he joined the job."
"I hate his attitude."
After Zhang Wei left, Zou Yu complained angrily.
Ren Chuan smiled when he heard this, and combed his hair with a comb: "I'm pretty annoying too, sometimes I really want to punch him, but he's pretty reliable, isn't he?"
"That's right..."
……
"Could you change to a better place next time? Cafes, restaurants, whatever. If you insist on driving to the wilderness, it will be the same as trading black goods."
After Zhang Wei got out of the car, he saw a white-haired man not far away, and couldn't help complaining, "We, a policeman and a lawyer, can we stop being like underground elements.
Do you want to go to the rooftop next time?
Fang Mu said with a smile, "From the point of view of discipline, it is against discipline for me to give you this information. You have the nerve to ask so many things."
"Brother, let's go both ways."
Zhang Wei snatched the information from the old Dengtou Fangmu. In fact, many people didn't know what was going on in this case.
For example, the right to know about the case.
Many people believe that, as relatives, defense lawyers should be qualified and have the right to know the real situation and specific development of the case.
But in fact it is not.
During the investigation of the case, the police will not tell the family members much.
Of course, let me know what happened and how the scene was.
There are benefits and grounds for doing so. Our country's laws do not stipulate the degree of disclosure of the case to the relatives of the victim and other details. That is to say, it is okay not to tell your family members during the case.
As for lawyers.
If lawyers are to better intervene in criminal proceedings and protect the rights of criminal suspects and defendants to the greatest extent, it is first necessary to give lawyers the right to know about the progress of the case, so that lawyers can know the progress of the case.
However, looking at the criminal procedures in our country, it is not difficult to see that the setting of lawyers' right to know in the Criminal Procedure Law has become a blind spot.
Some lawyers were labeled as "dishonest" because they were unable to act for their clients after accepting the case.
Or after accepting the case, they went to the limit of "bribery" in order to handle some practical things, which made some lawyers hover on the edge of "dishonesty" and "bribery", or simply stopped handling criminal cases.
my country's formal procedure law sets many procedural regulations.
It can be seen from these provisions that most of the procedural rights set up for the case-handling organs are relatively large, and the procedural rights for criminal suspects, defendants, etc. who are not the subject of the case-handling organs are few and too general.
For the special subject of lawyers, there are even fewer regulations. Among them, the lawyer's right to know about the process of handling a case by the case-handling agency is particularly prominent.
From the point of view of the procedures of investigation and review and prosecution, the current criminal procedure law does not stipulate that the investigation agency and the review and prosecution agency have the obligation to inform the lawyer handling the case about the progress of the case.
For example, when the time limit for handling the case was extended, when the investigation was terminated, when the investigation was returned, when the case was withdrawn, when the decision not to prosecute was made, and when the case was withdrawn, etc., the lawyer could not know the time limit for the case was extended, when the case was closed, etc. The investigation ends, when will it return to the investigation, when will the review and prosecution end,...
In this way, the case that the lawyer undertakes will not be clear for a while, which agency the case goes to, and what procedure it is in.
If the lawyer is entrusted to handle the investigation stage or the review and prosecution stage of the case, the file of the case completed by the lawyer will not reflect when the case has been closed.
It is difficult for a lawyer who accepts a case to report the situation to the client correctly without the protection of the right to know about the progress of the case.
In addition, many conditions such as the right to meet, review files, and investigation rights stipulated in the Criminal Procedure Law cannot be implemented in place.
The client began to doubt the lawyer's ability, and even thought that the lawyer received the money and did not do the job, and that the society cheated money, and listed the lawyer as "dishonest".
Under such circumstances, in order to provide themselves with better services for their clients, some lawyers seek to understand the rights through non-statutory procedures. Some lawyers even take risks and use "bribery" in exchange for this The right to know about the progress of the case.
(End of this chapter)
"Reality is indeed much more exciting than TV dramas, it's amazing."
Zhang Wei laughed and clapped his hands when he heard the news. If it was really an illegitimate child, he would be able to hire a lawyer for killing his father and enemy after his father died, hoping to help reduce the crime to the greatest extent.
What spirit is this?
It is the spirit of communism with great selfless dedication!
"What do you think?" Zou Yu asked Zhang Wei, who was still acting like a fool, with some annoyance.
Zhang Wei knocked on the table when he heard this: "Tsk, in fact, if our client is not the murderer in a criminal case, the best and worst way is to find the real murderer.
It is best to say that this is the ironclad evidence, which can exonerate the client.
The worst is because the resources we have are vastly different from those of the prosecution. It is almost impossible to find the truth that even they have not discovered. "
And it is the truth, but the truth of this case seems to have been fully presented.
The victim was Li Ze, the chairman of Tianhe Group, who was 55 years old this year. He was killed a few days ago and died in his own home.
The point is that from the current point of view, the murderer is Richard. Although it seems suspicious, all the physical evidence has proved this matter.
Judging from the surveillance video, the suspect entered the victim's home at 9:34 and fled in a hurry at 9:40.
The murder weapon at the scene was a fruit knife on which the suspect's fingerprints had been detected, and the blood-stained clothes found in a nearby trash can were also proved to belong to the suspect.
It was too clear that there was almost nothing worth investigating in the whole case.
The dead, the scene, the murder weapon is there, the murderer has been caught, although he has not pleaded guilty, but the chain of evidence is almost formed.
Such cases with clear facts and clear context are not common.
In fact, if you work hard on manslaughter, it will be the easiest anyway, but it is a pity that Richard insisted on not pleading guilty and asked to plead not guilty.
"You won't be afraid of trouble, just give up this case. You still have no chance of winning." Zou Yu deliberately provoked Zhang Wei when he saw Zhang Wei who was thinking.
Zhang Wei laughed outright when he heard this: "I don't care about the trouble, as long as I have money, since that guy said that the Tianhe Group fully supports this case, I don't care about his family's grievances, as long as he has the money. "
After speaking, Zhang Wei walked out, and when he opened the door, he turned his head and gave instructions to the two people in the room.
"You two should investigate that Xu Jian carefully. It's too suspicious. It's best to start the investigation from his birth, including the information since he joined the job."
"I hate his attitude."
After Zhang Wei left, Zou Yu complained angrily.
Ren Chuan smiled when he heard this, and combed his hair with a comb: "I'm pretty annoying too, sometimes I really want to punch him, but he's pretty reliable, isn't he?"
"That's right..."
……
"Could you change to a better place next time? Cafes, restaurants, whatever. If you insist on driving to the wilderness, it will be the same as trading black goods."
After Zhang Wei got out of the car, he saw a white-haired man not far away, and couldn't help complaining, "We, a policeman and a lawyer, can we stop being like underground elements.
Do you want to go to the rooftop next time?
Fang Mu said with a smile, "From the point of view of discipline, it is against discipline for me to give you this information. You have the nerve to ask so many things."
"Brother, let's go both ways."
Zhang Wei snatched the information from the old Dengtou Fangmu. In fact, many people didn't know what was going on in this case.
For example, the right to know about the case.
Many people believe that, as relatives, defense lawyers should be qualified and have the right to know the real situation and specific development of the case.
But in fact it is not.
During the investigation of the case, the police will not tell the family members much.
Of course, let me know what happened and how the scene was.
There are benefits and grounds for doing so. Our country's laws do not stipulate the degree of disclosure of the case to the relatives of the victim and other details. That is to say, it is okay not to tell your family members during the case.
As for lawyers.
If lawyers are to better intervene in criminal proceedings and protect the rights of criminal suspects and defendants to the greatest extent, it is first necessary to give lawyers the right to know about the progress of the case, so that lawyers can know the progress of the case.
However, looking at the criminal procedures in our country, it is not difficult to see that the setting of lawyers' right to know in the Criminal Procedure Law has become a blind spot.
Some lawyers were labeled as "dishonest" because they were unable to act for their clients after accepting the case.
Or after accepting the case, they went to the limit of "bribery" in order to handle some practical things, which made some lawyers hover on the edge of "dishonesty" and "bribery", or simply stopped handling criminal cases.
my country's formal procedure law sets many procedural regulations.
It can be seen from these provisions that most of the procedural rights set up for the case-handling organs are relatively large, and the procedural rights for criminal suspects, defendants, etc. who are not the subject of the case-handling organs are few and too general.
For the special subject of lawyers, there are even fewer regulations. Among them, the lawyer's right to know about the process of handling a case by the case-handling agency is particularly prominent.
From the point of view of the procedures of investigation and review and prosecution, the current criminal procedure law does not stipulate that the investigation agency and the review and prosecution agency have the obligation to inform the lawyer handling the case about the progress of the case.
For example, when the time limit for handling the case was extended, when the investigation was terminated, when the investigation was returned, when the case was withdrawn, when the decision not to prosecute was made, and when the case was withdrawn, etc., the lawyer could not know the time limit for the case was extended, when the case was closed, etc. The investigation ends, when will it return to the investigation, when will the review and prosecution end,...
In this way, the case that the lawyer undertakes will not be clear for a while, which agency the case goes to, and what procedure it is in.
If the lawyer is entrusted to handle the investigation stage or the review and prosecution stage of the case, the file of the case completed by the lawyer will not reflect when the case has been closed.
It is difficult for a lawyer who accepts a case to report the situation to the client correctly without the protection of the right to know about the progress of the case.
In addition, many conditions such as the right to meet, review files, and investigation rights stipulated in the Criminal Procedure Law cannot be implemented in place.
The client began to doubt the lawyer's ability, and even thought that the lawyer received the money and did not do the job, and that the society cheated money, and listed the lawyer as "dishonest".
Under such circumstances, in order to provide themselves with better services for their clients, some lawyers seek to understand the rights through non-statutory procedures. Some lawyers even take risks and use "bribery" in exchange for this The right to know about the progress of the case.
(End of this chapter)
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