(A) the role of lawyers in the investigation stage: 1, lawyers can meet with criminal suspects, inform their families of their concerns, ease the anxiety of criminal suspects and give psychological comfort. At the beginning of restricting personal freedom, many people's living environment, social status and psychological pressure suddenly changed, which many people could not bear. Things that should not have happened under poverty. 2. When a lawyer meets a criminal suspect, he can explain the accused charges and relevant legal knowledge to the criminal suspect. Let the suspect have a clear understanding of the difficulties he faces and know what to do and what not to do. 3. When a lawyer meets a criminal suspect, he can learn from the criminal suspect whether he is innocent or guilty, and help to do some work of fixing strong evidence to prepare for a successful defense in the future. Evidence is in danger of being lost at any time, and a temporary negligence may lead to never obtaining favorable evidence. 4. Lawyers can avoid extorting confessions by torture to the greatest extent when meeting with criminal suspects. Although the legal environment in our country is improving day by day, the phenomenon of extorting confessions by torture still occurs from time to time, and even the tragedy of extorting confessions by torture and maiming to death appears. If extorting a confession by torture, lawyers can lodge complaints and accusations on behalf of the criminal suspect, thus effectively reducing the occurrence of this situation. By meeting with the criminal suspect, the lawyer can help the criminal suspect correctly understand his behavior, so as to get the opportunity to make meritorious service and reduce the punishment. 6. In the investigation stage, lawyers can help criminal suspects to apply for bail pending trial according to the case, which can resolve the crisis well; 7. With the revision of the Criminal Procedure Law, lawyers will also increase on-site work to better protect the legitimate rights and interests of criminal suspects. (2) The role of lawyers in the review and prosecution stage: 1. Meet with the criminal suspect and provide him with the above assistance in the investigation stage such as bail pending trial. 2. A lawyer can learn more about the relevant case from the examination organ of the procuratorate, including reading or copying the identification technical data and prosecution opinions involved; 3. Lawyers can put forward defense opinions to the procuratorial organs on the innocence of criminal suspects, light crimes, and this crime and that crime; If the procuratorial organ adopts the lawyer's opinion, it may lead to the case being returned for supplementary investigation or not being prosecuted. Failure to prosecute means that the suspect is acquitted in advance. 4. Even if the above objectives cannot be achieved, lawyers can exchange their views on the case with the prosecutor during the examination and prosecution stage, so as to understand the prosecutor's accusation thinking and make more adequate preparations for successful defense. (3) The role of lawyers in the trial stage: 1. Meet with the criminal suspect, understand the evidence clues of the criminal suspect (called the defendant at this stage), and collect evidence of crime or innocence for the defendant; 2. Meet with the presiding judge, read and copy the defendant's case file; 3. Meet with the defendant and exchange views with the defendant on the defense opinions initially formed by the lawyer; Teach the defendant the trial procedure and matters needing attention in the trial, and do some cross-examination exercises when necessary, so as to cooperate properly in the court and strive for the best trial effect. 4. Seriously study the case and make full preparations for the trial. Hire famous domestic criminal experts to provide authoritative opinions on major issues to support defense views; When necessary, influential media can be invited to supervise and appeal to ensure fair trial; 5. Seriously respond to the trial, fully explain the defense reasons, and be sensible and sensible. Try to win the judge's approval of the defense point of view; 6. Carefully prepare the defense and persuade the judge to make a written judgment in favor of the defendant again; In a legal way, through various channels to influence the views of judges; 7. After receiving the judgment of first instance, meet the defendant in time, inform the defendant of the advantages and disadvantages of the judgment, and make reasonable suggestions on whether the judgment is within the above range; 8. If the defendant requests an appeal, help the defendant to appeal. (4) The role of defense lawyers in the second trial stage: 1. Read the trial materials of the first instance, review the defense plan and defense viewpoints of the first instance, and redraft the defense ideas; 2. Meet with the defendant, exchange the gains and losses of the first trial and the defense ideas of the second trial, understand the clues of light and innocent evidence that have not yet been discovered, and collect strong evidence; 3. Actively exchange views on the case with the judge of second instance, and strive to promote the trial of second instance (cases of second instance are usually tried in writing, which deprives the defendant of his litigation rights to some extent); 4. Carefully prepare and actively respond to the court debate; 5. Carefully prepare the defense words to influence the judge to change the sentence in various forms; 6. After receiving the judgment of the second instance, meet the defendant, analyze the advantages and disadvantages of the judgment, and guide the defendant to correctly understand the judgment result of the judgment. If the defendant asks for a complaint, actively help the defendant to do a good job of complaint. (v) The role of lawyers as complaint agents: 1. Meet with the complainant, read the case file, fully understand the case, put forward the appeal opinion against the effective judgment, and solicit the opinions of the complainant; 2. Carefully prepare the complaint materials, submit them to the relevant competent authorities, and seek to influence the filing of complaints in various ways within the legal scope. The complaint materials are very important, and the complaint is not a necessary procedure. The probability of filing a case is very small, the appeal materials are unsuccessful, and it is impossible to enter the appeal procedure. 3. After entering the trial procedure, the agency work of the appeal lawyer is similar to that of the defense lawyer in the first instance. Finally, the defense lawyer's successful defense in the review stage of death penalty will be the defendant's last chance. Is it necessary to hire a lawyer in criminal cases? The answer is yes, but the law does not stipulate that a lawyer must be hired at this time, so the final decision on whether to hire a lawyer is still in the hands of the parties. If you choose to hire a lawyer, you should also think about how to hire a lawyer in advance to provide substantive help for the case.

Legal objectivity:

The duty of criminal defense lawyers is to accept the entrustment of criminal suspects, defendants or their families, and put forward materials and opinions to prove their innocence, reduce their crimes or reduce or exempt their criminal responsibilities according to facts and laws, so as to safeguard their legitimate rights and interests. The duty of defense lawyers stipulated in Article 35 of China's Criminal Procedure Law mainly focuses on defending criminal suspects and defendants from the substantive aspects, that is, only debating and defending criminal entities, whether presenting materials to prove the innocence of criminal suspects and defendants, reducing or exempting them from criminal responsibility, or giving opinions, criminal defense is only conducted around criminal entity laws. Regarding the procedural defense responsibility, China's current criminal procedure law and related regulations are not clearly and fully affirmed. The so-called procedural criminal defense refers to: "In criminal defense, on the grounds that the investigation, prosecution and trial activities of the relevant departments are illegal, the opinions that the criminal suspect and defendant are innocent, the crime is light or should not be investigated for criminal responsibility are put forward, and it is required to supplement or restart the proceedings that have not been carried out according to law and exclude the illegally obtained evidence." (13) At present, in China's judicial practice, procedural defense has not been paid enough attention, and it is basically an invalid defense method. For example, for illegal evidence, it is limited to illegal verbal evidence (such as extorting a confession by torture), but it has little defense effect on illegal verbal evidence. For the confession made by the defendant who was tortured in court, the people's court often used the evidence issued by the investigation organ (that is, the public security organ wrote and sealed that it did not extort a confession by torture in the investigation activities), and considered the verbal evidence valid because the defendant had no evidence to prove that the investigation organ had extorted a confession by torture. This is as absurd as Zhang San borrowing money from Li Si, and Zhang San's own words prove that he didn't borrow money from Li Si. It does not include illegal material evidence, which makes the procedural defense of illegal evidence collection almost meaningless. This should attract great attention from the legislative and judicial practice circles. When revising the criminal procedure law in the future, the procedural defense responsibilities of defense lawyers and other defenders in criminal proceedings should be clearly defined. In addition to the direct responsibility of defense lawyers to safeguard the legitimate rights and interests of criminal suspects and defendants, some scholars believe that defense lawyers also have general responsibilities in criminal proceedings, that is, the responsibility of defense lawyers to assist criminal justice, including preventing and exposing mistakes in criminal justice, promoting compliance with the legal system, helping to safeguard individual rights and legitimate rights and interests, prompting the root causes and conditions of crimes, and promoting judicial education and perceptual realization. The general responsibility paid by defense lawyers requires defense lawyers not to interfere with the normal conduct of criminal justice. The key to this problem lies in whether the defense lawyers can take positive actions to help the judicial organs find the real entity from the standpoint of not benefiting the criminal suspects and defendants. According to the general duties of defense lawyers, it seems that they should answer directly. But this is actually related to the direct responsibility of defense lawyers to safeguard the legitimate rights and interests of criminal suspects and defendants and the general responsibility of assisting criminal justice. Therefore, in view of the status of criminal suspects and defendants in criminal proceedings, we can't overemphasize the responsibility of defense lawyers as criminal justice assistants, while ignoring the legitimate rights and interests of criminal suspects and defendants. Because the defense lawyer's direct responsibility can only be to help the judicial organs find the truth that is beneficial to the criminal suspects and defendants, and there is no obligation to help the judicial organs find the truth that is beneficial to the criminal suspects and defendants and to find out the truth that is beneficial to the criminal suspects and defendants. (14) Considering that the current laws of our country do not comprehensively stipulate the responsibilities of defense lawyers, and defense lawyers face many difficulties and obstacles in criminal proceedings, it is necessary for the legislature to clearly stipulate the nature and status of defense lawyers and the direct responsibility for safeguarding the legitimate rights and interests of criminal suspects and defendants, so as to promote the healthy development of China's lawyer cause. So that defense lawyers can better perform their defense duties and better safeguard the legitimate rights and interests of criminal suspects and defendants.