- A description of the situation, which requires the legal analysis, is carried out.
- The circumstances of the case, the presence or absence of documents relevant to the situation are established.
- A full oral communication is conducted in order to establish all the necessary circumstances of the case.
- The client's expectations regarding the results of service provision are established.
- An analysis of the current legislation that regulates the problem is carried out.
- An analysis of judicial practice regarding this issue is carried out.
- The lawyer's personal experience in solving such or similar problems is described.
- The conclusion is described, in which a conclusion is given regarding the impossibility of solving the problem or ways to solve the problem.
- Each way to solve the problem is described separately and is formed in the form of a table indicating the specific actions of the specialist, the term of the service as a whole and each stage separately (if the service consists of stages), the result of the provision of the service or stage, as well as the price of the service or stage.
Closing a criminal case
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Publication date: 03.07.2024
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Closing the criminal case
Closing a criminal case is an important stage of the criminal process. It can happen for various reasons and requires compliance with certain procedures. Let's consider in more detail the stages, grounds and features of closing a criminal case.
What are the stages of closing a criminal case?
Closing a criminal case takes place in several stages:
- Preliminary investigation: at this stage, all the circumstances of the case are clarified and evidence is collected.
- Making a decision: based on the analysis of the evidence, a decision is made to close the criminal case or continue the investigation.
- Notification of the parties: all participants in the criminal process receive copies of the resolution on closing the case.
- Appeal of the decision: participants in the process have the right to appeal the decision to close the case in accordance with the established procedure.
In what cases can a criminal case be closed?
A criminal case may be closed in the following cases:
- Absence of crime: when the actions of the suspect do not contain signs of a criminal offense.
- Failure to prove guilt: if the collected evidence does not confirm the guilt of the suspect.
- Circumstances excluding criminal liability: for example, amnesty, reconciliation of the parties or expiration of the statute of limitations.
When a lawyer cannot help with the closing of a criminal case?
There are situations when a lawyer cannot help with closing a criminal case:
- If there is sufficient evidence of the suspect's guilt.
- When the crime belongs to the category of serious or particularly serious.
- If the circumstances of the case do not allow the application of grounds for closure (for example, the absence of a crime or the expiration of the statute of limitations).
What does the cost of a lawyer's service for closing a criminal case depend on?
The cost of a lawyer to close a criminal case may depend on several factors:
- Complexity of the case: the more complex the case, the more time and effort the lawyer will need to close it.
- Experience of the lawyer: more experienced lawyers usually command higher fees.
- The need for additional investigative actions or examinations.
- Regional features: the cost of a lawyer's services may vary depending on the region.
Conclusion
Closing a criminal case is a complex and multi-stage process that requires careful analysis of evidence and compliance with procedural norms. A lawyer plays an important role in this process, ensuring that his client's rights are protected. The cost of a lawyer's services depends on many factors, such as the complexity of the case, the lawyer's experience and regional characteristics. It is important to seek legal help in a timely manner in order to achieve the best results in closing the criminal case.
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