刑事辩护 | Criminal defense CN

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辩护权是刑事审判的基本原则。该权利体现在当事人在刑事诉讼中享有的一系列权利中，从指控提出的那一刻起即享有这些权利。这些权利包括：有权被告知指控内容、有权作出或拒绝解释、有权提出证据请求、有权参与诉讼活动以及有权对程序性决定提出异议等。

为了有效行使这些权利，每个人都有权委托专业辩护律师，其职责在于确保嫌疑人的权利得到尊重。辩护权是绝对的，从诉讼开始时，嫌疑人便享有此项权利，无论是在执法机关的程序中（即准备程序），还是在法院审理中，以及在刑罚执行程序中。拥有一位专业的辩护律师对于保障嫌疑人或被告的权利具有极其重要的意义。

作为一家专注于刑法的律师事务所，我们在为涉嫌轻罪、刑事犯罪及税务犯罪的客户辩护方面拥有非常丰富的经验。我们曾参与一些最著名的波兰刑事案件的辩护。在此类案件中，律师的时间和经验至关重要。我们的目标是确保客户感到安全，并确信他们的案件交由刑事诉讼专家处理。

为客户辩护的目标可能是证明其无罪，也可能是尽量减轻定罪的后果。这可能包括采取措施改变执法机关所呈现的案件形象，减少犯罪的负面后果，改善客户在法庭上的形象，或最终利用有效减轻刑事责任的机制。

我们的服务包括：

就预期的刑事责任风险提供法律咨询；
代表尚未正式被指控但已引起执法机关关注的人员；
在各个阶段为刑事案件中的被告提供辩护，包括在执法机关和法庭上的辩护，制定辩护策略并评估终止刑事诉讼的替代方案的可行性；
在危机情况下提供代表和协助（搜查、审讯、逮捕、指控的提出、拘留）；
参与所有诉讼活动，如听证会、审讯、搜查、程序实验和现场勘验，以及准备和提交诉状及上诉；
实施与执法机关合作的既定模式，包括与检察机关协商协议条款；
开展旨在与受害者和解的活动，包括谈判和参与调解；
在刑罚执行程序中为客户提供支持。

我们为以下对象提供辩护：

处于准备程序中的嫌疑人；
在法庭上进行刑事审判的被告；
在刑罚执行程序中的罪犯；
在执法机关感兴趣的刑事程序中无诉讼地位的人员；
被捕和被临时拘留的人员。

The right of defense is a fundamental principle of the criminal trial. It is expressed in a number of rights enjoyed by a person facing criminal proceedings from the moment the charges are brought. It includes, among other things, the right to be informed of the content of the charges, the right to make and refuse explanations, the right to make requests for evidence, the right to participate in the activities of the proceedings or the right to challenge procedural decisions.

To effectively exercise these rights, everyone has the right to have a professional defense counsel, whose role is to ensure that the suspect’s rights are respected. The right of defense is absolute, and the suspect is entitled to it from the beginning of the proceedings, both in proceedings before law enforcement agencies (preparatory proceedings), before the court and in penal enforcement proceedings. Having a professional defense counsel is extremely important from the perspective of protecting the rights of a suspect or defendant.

As a law firm specializing in criminal law, we have very extensive experience in defending clients suspected of committing misdemeanors and criminal and fiscal criminal offenses. We have been defense counsel in some of the most famous Polish criminal trials. In these types of cases, the most important thing is the time and experience of the lawyers. Our goal is to guarantee clients a sense of security and confidence that their case is in the hands of professionals who are experts in criminal procedure.

The defense of the client may aim to prove his innocence, but also to minimize the consequences of a conviction. This may involve taking steps to change the image of the case presented by law enforcement agencies, reducing the negative consequences of the crime, improving the client’s image in the eyes of the court, or, finally, taking advantage of institutions that allow effective reduction of criminal liability.

Our services include:

legal counseling in connection with the anticipated risk of criminal liability;
representation in activities conducted against a person who has not yet been formally charged, but who is of interest to law enforcement agencies;
defense in criminal cases at all stages of proceedings, before law enforcement agencies and courts, including the development of a defense strategy and conducting an assessment of the feasibility of alternative options for the termination of criminal proceedings;
representation and assistance in crisis situations (searches, interrogations, arrests, presentation of charges, detention on remand),
participation in all activities, such as hearings, interrogations, searches, procedural experiments and site visits, as well as preparation and submission of pleadings and appeals;
implementing the chosen model of cooperation with law enforcement agencies, including negotiating the terms of agreement with the prosecutor’s office;
undertaking activities aimed at reconciliation with the victim, including negotiation and participation in mediation;
supporting clients in penal enforcement proceedings.

We are defenders of:

suspects in preparatory proceedings;
defendants in criminal trial before the court;
convicts in penal enforcement proceedings;
persons without status in criminal proceedings in which law enforcement agencies are interested;
persons arrested and temporarily detained.

Summary: Criminal Law in Europe

Criminal law in Europe encompasses a comprehensive set of legal rules and principles that define criminal conduct and regulate the prosecution of crimes. Unlike the common law systems of the UK and the USA, which rely heavily on judicial precedents, most European countries operate under civil law systems. These systems are based on codified statutes and legal codes, providing a structured and systematic approach to criminal justice.

Fundamental Principles

One of the cornerstone principles in European criminal law is the presumption of innocence, meaning an individual is considered innocent until proven guilty. The burden of proof lies with the prosecution, which must establish the defendant’s guilt beyond reasonable doubt. This standard ensures that convictions are secured only when there is clear and convincing evidence.

Types of Crimes

European criminal law categorizes crimes into several broad categories:

Violent Crimes: Offenses that cause or threaten bodily harm, such as homicide, assault, and battery.
Property Crimes: Crimes involving interference with the property of another, including theft, burglary, and vandalism.
Economic and Financial Crimes: Also known as white-collar crimes, these include fraud, embezzlement, tax evasion, and insider trading.
Organized Crime: Activities carried out by structured groups engaged in illegal enterprises like drug trafficking, human trafficking, and money laundering.
Cybercrime: Illegal activities conducted through digital means, such as hacking, cyber fraud, and the distribution of malware.
Environmental Crimes: Violations that harm the environment, including illegal dumping of waste and pollution.
Crimes Against Justice: Offenses that obstruct the legal process, such as perjury and contempt of court.

Criminal Procedure in Europe

European criminal proceedings are designed to ensure fairness and respect for human rights:

Inquisitorial System: Many European countries employ an inquisitorial system, where judges take an active role in investigating the facts, unlike the adversarial system where parties present their cases before a passive judge.
Right to a Fair Trial: Guaranteed under the European Convention on Human Rights (ECHR), this includes the right to legal representation, the right to be heard, and the right to a public trial within a reasonable time.
Protection Against Double Jeopardy: Individuals cannot be tried twice for the same offense once acquitted or convicted.
Legal Remedies: Defendants have the right to appeal convictions and sentences to higher courts.

Role of the Criminal Defense Lawyer

A criminal defense lawyer, or advocate, is vital in safeguarding the rights of the accused:

Legal Representation: Advising clients on legal rights and options, and representing them in court proceedings.
Case Preparation: Gathering evidence, interviewing witnesses, and formulating defense strategies.
Court Advocacy: Presenting arguments, cross-examining witnesses, and challenging the prosecution’s case.
Negotiation: Engaging in plea negotiations or settlements where permissible.
Ensuring Compliance: Monitoring that law enforcement and prosecutors adhere to legal procedures and human rights standards.

Becoming a Criminal Lawyer in Europe

The pathway to becoming a criminal lawyer typically involves:

Academic Education:
– Law Degree: Completion of a Bachelor of Laws (LL.B.) or equivalent undergraduate law degree.
– Master’s Degree (Optional): Pursuing a Master of Laws (LL.M.) specializing in criminal law or related fields.
Professional Training:
– Legal Traineeship: Undergoing a period of practical training or apprenticeship, known as a “stagiaire” or “Referendariat” in some countries.
– Professional Courses: Attending compulsory courses on ethics, legal practice, and specialized areas of law.
Bar Examination:
– Qualifying Exams: Passing national or regional bar examinations to demonstrate legal competence.
Admission to Practice:
– Bar Association Membership: Joining the national bar association or equivalent professional body.
– Continuous Professional Development: Engaging in ongoing training to stay updated on legal developments.

European Legal Frameworks

European criminal law is influenced by various supranational entities:

European Union Law: EU directives and regulations can impact national criminal laws, especially in areas like cross-border crime and judicial cooperation.
Council of Europe: Through instruments like the ECHR, it sets standards for human rights that affect criminal proceedings.
European Court of Human Rights: Ensures that member states comply with the ECHR, providing an avenue for individuals to challenge violations.

Conclusion

Criminal law in Europe is designed to uphold justice, protect society, and ensure the rights of individuals are respected throughout the legal process. The role of criminal defense lawyers is crucial in this system, as they advocate for the accused, challenge the prosecution, and work to ensure that every case is adjudicated fairly and impartially.

Choose Expert Legal Support for Your Criminal Defense Needs
Navigating the complexities of European criminal law requires skilled and experienced legal representation. Whether you are seeking defense against allegations, need assistance in understanding your rights, or require proactive measures to protect your business and reputation, our team is here to help. We provide comprehensive legal services tailored to your specific situation, ensuring that your case is handled with the utmost professionalism, discretion, and dedication.
With our deep understanding of criminal law and procedure, combined with a commitment to safeguarding your interests, we stand ready to advocate for you at every stage of the legal process. Don’t leave your defense to chance—contact us today and secure the expert support you need to achieve the best possible outcome.

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