犯罪嫌疑人诉讼权利义务告知书中英对照
犯罪嫌疑人诉讼权利义务告知书-中英对照
犯罪嫌疑人诉讼权利义务告知书-中英对照犯罪嫌疑人诉讼权利义务告知书Rights and Obligations of Suspects根据《中华人民共和国刑事诉讼法》的规定,在公安机关对案件进行侦查期间,犯罪嫌疑人有如下权利和义务:In accordance with the provisions of the Criminal Procedure Law of the People's Republic of China, during the public security organ’s investigation, the suspect has the following rights and obligations:权利:Rights:1、有用本民族的语言文字进行诉讼的权利。
(《中华人民共和国刑事诉讼法》第9条)Citizens of all nationalities shall have the right to use their native spoken and written languages in court proceedings. (Article 9 in Criminal Procedure Law of the People's Republic of China):2、对侦查人员在讯问过程中侵犯他的诉讼权利或者进行人身侮辱的行为,有权提出控告。
(《中华人民共和国刑事诉讼法》第14条)The suspect shall have the right to file charges against investigators whose acts infringe on his citizen's procedural rights or subject him to indignities.3、对于侦查人员、鉴定人、记录人、翻译人员有下列情形之一的,当事人及其法定代理人有权申请回避:(一)是本案的当事人或者是当事人的近亲属的;(二)本人或者他的近亲属和本案有利害关系的;(三)担任过本案的证人、鉴定人、辩护人、诉讼代理人的;(四)与本案当事人有其他关系,可能影响公正处理案件的。
诉讼权利义务告知书英文版(包括被害人版和证人版)
诉讼权利义务告知书英文版(包括被害人版和证人版)第一篇:诉讼权利义务告知书英文版(包括被害人版和证人版) Notification of the Victim’s Procedural Rights and Obligations Pursuant to the Criminal Procedure Law of the People’s Republic of China, during the case investigation by the public security organ, the victim has the following rights and obligations:Rights:1.Citizens of all nationalities shall have the right to use their native spoken and written languages in court proceedings.(Article 9)2.Participants in proceedings shall have the right to file charges against investigators whose acts infringe on their citizen's procedural rights or subject their persons to indignities.(Article 14)3.In any of the following situations, a member of the judicial, procuratorial or investigatory personnel, court clerks and interpreters shall voluntarily withdraw, and the parties to the case and their legal representatives shall have the right to demand his withdrawal:(1)if he is a party or a near relative of a party to the case;(2)if he or a near relative of his has an interest in the case;(3)if he has served as a witness, expert witness, defender or agent litigant in the current case;(4)if he has any other relations with a party to the case that could affect the impartial handling of the case.If a decision has been made to reject his application for withdrawal, the party or his legal representative may apply for reconsideration once.(Article 28, 30,31)4.If a victim has suffered material losses as a result of thedefendant's criminal act, he shall have the right to file an incidental civil action during the course of the criminal proceeding.(Article 77)5.If the public security organ believes that there are no facts of a crime or that the facts are obviously incidental and do not require investigation of criminal responsibility, it shall not file a case.If the victim does not agree with the decision, he may ask for reconsideration.6.Where a victim considers that a case should be filed for investigation by a public security organ but the latter has not done so, the victim can bring the matter to the People’s Procuratorate.(Article 87)7.The record of an interrogation shall be shown to the victim for checking.If the victim cannot read, the record shall be read to him.If there are omissions or errors in the record, the victim may make additions or corrections.If the victim requests to write a victim statement, he shall be permitted to do so.(Article 100)8.The investigation organ shall notify the victim of the conclusion of the expert verification which will be used as evidence in his case.A supplementary expert verification or another expert verification may be conducted upon application submitted by the victim.(Article 121)Obligations1.The victim should provide evidence and give testimony truthfully and shall be informed of the legal responsibility that shall be incurred for intentionally giving false testimony or concealing criminal evidence.(Article 100)Notification of the Witness’s Procedural Rights and ObligationsPursuant to the Criminal Procedure Law of the People’s Republic of China, during the case investigation by a publicsecurity organ, the witness has the following rights and obligations:Rights:1.Citizens of all nationalities shall have the right to use their native spoken andwritten languages in court proceedings.(Article 9)2.Participants in proceedings shall have the right to file charges against judges,procurators and investigators whose acts infringe on their citizen's procedural rights or subject their persons to indignities.(Article 14)3.The People's Courts, the People's Procuratorates and the public security organsshall insure the safety of witnesses and their near relatives.(Article 49)4.The record of an interrogation shall be shown to the witness for checking;if thewitness cannot read, the record shall be read to him.If there are omissions or errors in the record, the witness may make additions or corrections.If the witness requests to write a personal statement, he shall be permitted to do so.(Article 99)Obligations:1.All those who have information about a case shall have the duty to testify.(Article 48)2.The witness shall provide evidence and give testimony truthfully and shall beinformed of the legal responsibility that shall be incurred for intentionally giving false testimony or concealing criminal evidence.(Article 98)第二篇:被害人诉讼权利义务告知书被害人诉讼权利义务告知书根据《中华人民共和国刑事诉讼法》的规定,在公安机关对案件进行侦查期间,被害人有如下权利和义务:权利:1、有用本民族的语言文字进行诉讼的权利,(《中华人民共和国刑事诉讼法》第9条)2、对侦查人员侵犯其诉讼权利或者进行人身侮辱的行为,有权提出控告,(《中华人民共和国刑事诉讼法》第14条)3、对于侦查人员、鉴定人、记录人、翻译人员有下列情形之一的,被害人及其法定代理人有权申请回避:(一)是本案的当事人或者是当事人的近亲属的;(二)本人或者他的近亲属和本案有利害关系的;(三)担任过本案的证人、鉴定人、辩护人、诉讼代理人的;(四)与本案当事人有其他关系,可能影响公正处理案件的。
犯罪嫌疑人、被告人权利义务告知书
7、接受检察机关起诉、按时出席法庭参加诉讼、遵守法庭纪律的义务。
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19、有请求刑事和解的权利。对可能判处三年以下有权徒刑、拘役、管制或单处罚金的轻微刑事案件可以在、犯罪嫌疑人、被告人的义务:
1、犯罪嫌疑人、被告人有接受符合法定条件的拘传、取保候审、监视居住、拘留、逮捕等强制措施,接受讯问、检查、搜查、扣押等侦查行为的义务。
6、被羁押的犯罪嫌疑人、被告人有申请取保候审的权利(刑事诉讼法第52条);
7、被人民法院、人民检察院或者公安机关采取强制措施超过法定期限的犯罪嫌疑人、被告人有要求解除强制措施的权利。如检察人员违反上述规定,可向本院监察部门提出控告(刑事诉讼法第75条);
8、对侦查人员提出的与本案无关的问题有拒绝回答的权利(刑事诉讼法第93条);
4、被监视居住的犯罪嫌疑人、被告人有遵守下列规定的义务(刑事诉讼法第57条);
(一)未经执行机关批准不得离开住处,无固定住处的,未经批准不得离开指定的居所;(二)未经执行机关批准不得会见他人;(三)在传讯的时候及时到案;(四)不得以任何形式干扰证人作证;(五)不得毁灭、伪造证据或者串供。
5、对侦查人员的提问有如实回答的义务(刑事诉讼法第93条);
2、申请取保候审的犯罪嫌疑人、被告人有提出保证人或者交纳保证金的义务(刑事诉讼法第53条);
3、被取保候审的犯罪嫌疑人、被告人有遵守下列规定的义务(刑事诉讼法第56条);
(一)未经执行机关批准不得离开所居住的市、县;(二)在传讯的时候及时到案;(三)不得以任何形式干扰证人作证;(四)不得毁灭、伪造证据或者串供。
12、对人民检察院的不起诉决定有申诉的权利(刑事诉讼法第146条);
法律英语专业名词双语对照
律师卷宗
lawyer’s docile
民事诉讼
律师助理
assistant lawyer
律师资格证
lawyer qualification certificate
民事诉讼
civil litigation
判决
judgement(用于民事和行政案件)
出具律师意见书
providing legal opinion
出示证据
exhibit
答辩状
answer; reply
代理词
representation
代理仲裁
agency for arbitration
代写文书
drafting of legal instruments
待决案件
pending case
代理房地产买卖与转让
法学系
faculty of law
法院公告
court announcement
反诉讼
counterclaim
非合伙律师
associate lawyer
非诉讼业务
non-litigation practice
高级合伙人
senior partner
公诉案件
public-prosecuting case
公证书
acquittal
看守所
detention house
实物证据
tangible evidence
收容所
collecting post
财产租赁
property tenancy
查阅法条
source legal provisions
犯罪嫌疑人权利义务告知书
犯罪嫌疑人诉讼权利义务告知书根据《中华人民共和国刑事诉讼法》的规定,在公安机关对案件进行侦查期间,犯罪嫌疑人有如下权利和义务:权利:1、有用本民族的语言文字进行诉讼的权利。
(《中华人民共和国刑事诉讼法》第9条)2、对侦查人员在讯问过程中侵犯他的诉讼权利或者进行人身侮辱的行为,有权提出控告。
(《中华人民共和国刑事诉讼法》第14条)3、对于侦查人员、鉴定人、记录人、翻译人员有下列情形之一的,当事人及其法定代理人有权申请回避:(一)是本案的当事人或者是当事人的近亲属的;(二)本人或者他的近亲属和本案有利害关系的;(三)担任过本案的证人、鉴定人、辩护人、诉讼代理人的;(四)与本案当事人有其他关系,可能影响公正处理案件的。
对驳回申请回避的决定,可以申请复议一次。
(《中华人民共和国刑事诉讼法》第28、30、31条)4、为自己辩护的权利。
(《中华人民共和国刑事诉讼法》第32条)5、被羁押的犯罪嫌疑人及其法定代理人、近亲属有权申请取保候审。
(《中华人民共和国刑事诉讼法》第52条)6、犯罪嫌疑人及其法定代理人、近亲属或者犯罪嫌疑人、被告人委托的律师对于公安机关采取强制措施超过法定期限的,有权要求解除强制措施。
(《中华人民共和国刑事诉讼法》第75条)7、在侦查人员讯问时,对与本案无关的问题,有拒绝回答的权利。
(《中华人民共和国刑事诉讼法》第93条)8、犯罪嫌疑人有权核对讯问笔录。
犯罪嫌疑人没有阅读能力的,侦查人员应当向其宣读。
如果记载有遗漏或者差错,犯罪嫌疑人可以提出补充或者改正。
犯罪嫌疑人有权自行书写供述。
(《中华人民共和国刑事诉讼法》第95条)9、犯罪嫌疑人在被侦查机关第一次讯问后或者采取强制措施之日起,可以聘请律师为其提供法律咨询、代理申诉、控告。
犯罪嫌疑人被逮捕的,聘请的律师可以为其申请取保候审。
涉及国家秘密的案件,犯罪嫌疑人聘请律师,应当经侦查机关批准。
(《中华人民共和国刑事诉讼法》第96条)10、有权知道用作证据的鉴定结论的内容,可以申请补充鉴定或重新鉴定。
犯罪嫌疑人诉讼权利和义务告知书(英文版)
犯罪嫌疑人诉讼权利和义务告知书(英文版)Notice of Informing Rights and Obligations of The suspectAccording to Criminal Procedure Law of the People’srepublic of China, during the investigation of the public security organ, you have the following rights and obligations.1、If you are not familiar with the spoken or written language commonly used in the locality, you have the right to ask for providing a interpreters. You have the right to use your native spoken and written languages in court proceedings.2、You have the right to file charges against the public security organ and investigators whose acts infringe on your procedural rights or subject your persons to indignities.3、You have the right to demand his withdrawal for any of thefollowing investigators, appraisers ,clerks and interpreters.(1) if he is a party or a close relative thereof to the case;(2) if he or a close relative of his has an interest in the case;(3) if he has served as a witness, appraiser, defender or agent and litemin the current case; or(4) if he has any other relation with a party to the case that could affect the impartial handling of the case.If a decision has been made to reject his application for withdrawal, you may apply for reconsideration once.4、You have the right to entrust persons as defenders from the date on which the investigatory organ conduct interrogation or take mandatory measures against you for the first time. If youhave not entrusted any defender due to financial difficulties or other reasons, you may file an application with the legal aid1agency for help.5、If you are interrogated throught summons or constrained appearance, the food and necessary rest for you will be guaranteed.6、If the time limit prescribed by law for the compulsory measures adopted by the public security organ has expired, you have the right to demand cancellation of the compulsory measures.7、You shall answer the investigators' questions truthfully, and you have the right to refuse to answer any question that is irrelevant to the case. If you confesses your offences truthfullymay be treated mercifully. When interrogating, you have theright to explain your innocence. If you confesses your offences truthfully may acquire the pettiness of your crime, when that avoid serious consequences.8、You have the right to check the record of an interrogation . If there are omissions or errors in the record, you may make additions or corrections.9、If you are a minor that expire eighteen years old, you have theright that the legal representative shall be notified to appear on the scene.10、If you are deaf or mute, you have the right to participate an officer who has a good command of sign language during the interrogation.11、You shall accept compulsory measures and other legal actions produced by the prosecution. In order to collect criminal evidence, you shall accept searching you, your belongings and2residence conducted by prosecutors.12、Any of the relevant legal documents delivered by thepublic security organ, you should found free of error and sign orseal thereby.13、You have the right to know the victim of the conclusion of the expert verification which will be used as evidence in your case. A supplementary expert verification or another expert verification may be conducted upon application submitted by you.3。
法律词汇英汉对照
法律词汇英汉对照案件 case案件发回 remand/rimit a case (to a low court)案件名称 title of a case案卷材料 materials in the case案情陈述书 statement of case案外人 person other than involved in the case案值 total value involved in the case败诉方 losing party办案人员 personnel handling a case保全措施申请书 application for protective measures 报案 report a case (to security authorities)被告 defendant; the accused被告人最后陈述 final statement of the accused被告向原告第二次答辩 rejoinder被害人 victim被害人的诉讼代理人 victim's agent ad litem被上诉人 respondent; the appellee被申请人 respondent被申请执行人 party against whom execution is filed被执行人 person subject to enforcement本诉 principal action必要共同诉讼人 party in necessary co-litigation变通管辖 jurisdiction by accord辩护 defense辩护律师 defense attorney/lawyer辩护人 defender辩护证据 exculpatory evidence; defense evidence辩论阶段 stage of court debate驳回反诉 dismiss a counterclaim; reject a counterclaim驳回请求 deny/dismiss a motion驳回上诉、维持原判 reject/dismiss the appeal and sustain the original judgement/ruling驳回诉讼 dismiss an action/suit驳回通知书 notice of dismissal驳回自诉 dismiss/reject a private prosecution驳回自诉裁定书 ruling of dismissing private-prosecuting case补充答辩 supplementary answer补充判决 supplementary judgement补充侦查 supplementary investigation不公开审理 trial in camera不立案决定书 written decision of no case-filing不批准逮捕决定书 written decision of disapproving an arrest不起诉 nol pros。
犯罪嫌疑人权利和义务告知书
犯罪嫌疑人权利和义务告知书一、诉讼权利1、使用本民族语言文字进行诉讼及获得翻译的权利你有权使用本民族语言文字进行诉讼。
如果你是聋、哑人或者不通晓当地通用语言文字,检察机关应当为你聘请通晓聋、哑手势或者当地通用语言文字且与本案无利害关系的人员为你提供翻译。
2、对侦查人员在讯问过程中侵犯他的诉讼权利或者进行人身侮辱的行为,有权提出控告。
3、有权申请回避:对象:侦查人员、记录人、书记员、翻译人员和鉴定人。
4、为自己辩护的权利,自行辩护权。
第32条5、获得辩护帮助的权利第33条犯罪嫌疑人自被侦查机关第一次讯问或者采取强制措施之日起,有权委托辩护人;在侦查期间,只能委托律师作为辩护人。
被告人有权随时委托辩护人。
侦查机关在第一次讯问犯罪嫌疑人或者对犯罪嫌疑人采取强制措施的时候,应当告知犯罪嫌疑人有权委托辩护人。
人民检察院自收到移送审查起诉的案件材料之日起三日以内,应当告知犯罪嫌疑人有权委托辩护人。
人民法院自受理案件之日起三日以内,应当告知被告人有权委托辩护人。
犯罪嫌疑人、被告人在押期间要求委托辩护人的,人民法院、人民检察院和公安机关应当及时转达其要求。
犯罪嫌疑人、被告人在押的,也可以由其监护人、近亲属代为委托辩护人。
辩护人接受犯罪嫌疑人、被告人委托后,应当及时告知办理案件的机关。
6、犯罪嫌疑人、被告人及其法定代理人、近亲属或者辩护人有权申请取保候审、有权有权要求解除强制措施。
申请变更强制措施、第95条犯罪嫌疑人、被告人及其法定代理人、近亲属或者辩护人有权申请变更强制措施。
人民法院、人民检察院和公安机关收到申请后,应当在三日以内作出决定;不同意变更强制措施的,应当告知申请人,并说明不同意的理由。
第96条犯罪嫌疑人、被告人被羁押的案件,不能在本法规定的侦查羁押、审查起诉、一审、二审期限内办结的,对犯罪嫌疑人、被告人应当予以释放;需要继续查证、审理的,对犯罪嫌疑人、被告人可以取保候审或者监视居住。
第97条人民法院、人民检察院或者公安机关对被采取强制措施法定期限届满的犯罪嫌疑人、被告人,应当予以释放、解除取保候审、监视居住或者依法变更强制措施。
刑事诉讼法 英文版
刑事诉讼法英文版Criminal Procedure LawIntroduction:The Criminal Procedure Law is an essential component of any legal system as it outlines the guidelines and procedures for conducting criminal trials. In this article, we will discuss the key aspects of the Criminal Procedure Law, focusing specifically on its provisions and principles in the English version.1. Legal Basis:The English version of the Criminal Procedure Law serves as the authoritative source for understanding the procedural framework governing criminal cases in English-speaking jurisdictions. It provides a comprehensive set of regulations aimed at ensuring due process and protecting the rights of defendants.2. Key Principles:2.1 Presumption of Innocence: One of the fundamental principles of the Criminal Procedure Law is the presumption of innocence. This principle asserts that the accused is to be considered innocent until proven guilty in a court of law. It places the burden of proof on the prosecution to establish guilt beyond a reasonable doubt.2.2 Legal Representation: The Criminal Procedure Law recognizes the right to legal representation. This ensures that defendants have access to legal counsel throughout the criminal proceedings. Adequate legalrepresentation is crucial to safeguarding the defendant's rights and ensuring a fair trial.2.3 Right to a Speedy and Public Trial: The English version of the Criminal Procedure Law emphasizes the right to a speedy and public trial. This ensures that criminal cases are resolved without undue delay and that justice is administered in an open and transparent manner.2.4 Protection Against Self-Incrimination: The right against self-incrimination is another critical principle embedded in the Criminal Procedure Law. It guarantees that a defendant cannot be compelled to testify against themselves and reinforces the notion that the burden of proving guilt rests with the prosecution.3. Procedural Safeguards:3.1 Arrest and Detention: The Criminal Procedure Law outlines the procedures for arrests, detentions, and searches. It mandates that arrests should be conducted based on reasonable suspicion or a warrant issued by a competent authority. It also establishes specific time limits for detaining individuals without charge.3.2 Evidence Collection: The English version of the Criminal Procedure Law regulates the collection and admissibility of evidence. It sets forth guidelines for search and seizure operations, electronic evidence, witness testimony, and expert opinions. These provisions ensure that evidence is obtained lawfully and fairly.3.3 Double Jeopardy: The Criminal Procedure Law prohibits double jeopardy, which means that a person cannot be tried for the same offensetwice. This principle prevents the state from subjecting individuals to multiple prosecutions for the same alleged crime, protecting against potential abuse of power.3.4 Appeal and Review: The Criminal Procedure Law encompasses provisions for appeals and reviews of criminal convictions. It allows defendants to challenge the legality or fairness of their trial and seek remedies in higher courts. These procedures ensure that errors or miscarriages of justice can be rectified.Conclusion:The Criminal Procedure Law in its English version is a vital legal document that establishes the framework for conducting criminal trials in English-speaking jurisdictions. It upholds key principles such as the presumption of innocence and the right to legal representation, ensuring fairness and due process. By adhering to the procedural safeguards outlined in the law, criminal justice systems can maintain the integrity of the trial process and protect the rights of all individuals involved in criminal cases.。
诉讼权利义务告知书英文版(包括被害人版和证人版)
Notification of the Victim’s Procedural Rights and Obligations Pursuant to the Criminal Procedure Law of the People’s Republic of China, during the case investigation by the public security organ, the victim has the following rights and obligations:Rights:1.Citizens of all nationalities shall have the right to use their native spoken andwritten languages in court proceedings.(Article 9)2.Participants in proceedings shall have the right to file charges against investigatorswhose acts infringe on their citizen's procedural rights or subject their persons to indignities.(Article 14)3.In any of the following situations, a member of the judicial, procuratorial orinvestigatory personnel, court clerks and interpreters shall voluntarily withdraw, and the parties to the case and their legal representatives shall have the right to demand his withdrawal: (1) if he is a party or a near relative of a party to the case;(2) if he or a near relative of his has an interest in the case; (3) if he has served asa witness, expert witness, defender or agent litigant in the current case; (4) if hehas any other relations with a party to the case that could affect the impartial handling of the case. If a decision has been made to reject his application for withdrawal, the party or his legal representative may apply for reconsideration once. (Article 28, 30,31)4.If a victim has suffered material losses as a result of the defendant's criminal act,he shall have the right to file an incidental civil action during the course of the criminal proceeding. (Article 77)5.If the public security organ believes that there are no facts of a crime or that thefacts are obviously incidental and do not require investigation of criminal responsibility, it shall not file a case. If the victim does not agree with the decision, he may ask for reconsideration.6.Where a victim considers that a case should be filed for investigation by a publicsecurity organ but the latter has not done so, the victim can bring the matter to the People’s Procuratorate. (Article 87)7.The record of an interrogation shall be shown to the victim for checking. If thevictim cannot read, the record shall be read to him. If there are omissions or errors in the record, the victim may make additions or corrections. If the victim requests to write a victim statement, he shall be permitted to do so. (Article 100)8.The investigation organ shall notify the victim of the conclusion of the expertverification which will be used as evidence in his case. A supplementary expert verification or another expert verification may be conducted upon application submitted by the victim. (Article 121)Obligations1.The victim should provide evidence and give testimony truthfully and shall beinformed of the legal responsibility that shall be incurred for intentionally giving false testimony or concealing criminal evidence. (Article 100)Notification of the Witness’s Procedural Rights and Obligations Pursuant to the Criminal Procedure Law of the People’s Republic of China, during the case investigation by a public security organ, the witness has the following rights and obligations:Rights:1.Citizens of all nationalities shall have the right to use their native spoken andwritten languages in court proceedings.(Article 9)2.Participants in proceedings shall have the right to file charges against judges,procurators and investigators whose acts infringe on their citizen's procedural rights or subject their persons to indignities.(Article 14)3.The People's Courts, the People's Procuratorates and the public security organsshall insure the safety of witnesses and their near relatives.(Article 49)4.The record of an interrogation shall be shown to the witness for checking; if thewitness cannot read, the record shall be read to him. If there are omissions or errors in the record, the witness may make additions or corrections. If the witness requests to write a personal statement, he shall be permitted to do so.(Article 99) Obligations:1. All those who have information about a case shall have the duty to testify.(Article 48)2. The witness shall provide evidence and give testimony truthfully and shall beinformed of the legal responsibility that shall be incurred for intentionally giving false testimony or concealing criminal evidence.(Article 98)。
犯罪嫌疑人诉讼权利义务告知书-中英对照
犯罪(fàn zuì)嫌疑人诉讼权利义务告知书-中英对照犯罪嫌疑人诉讼(sù sònɡ)权利义务告知书-中英对照犯罪(fàn zuì)嫌疑人诉讼权利义务告知书Rights and Obligations of Suspects根据《中华人民共和国刑事诉讼法》的规定,在公安机关对案件进行(jìnxíng)侦查期间,犯罪嫌疑人有如下权利和义务:In accordance with the provisions of the Criminal Procedure Law of the People's Republic of China, during the public security organ’s investigation, the suspect has the following rights and obligations:权利(quánlì):Rights:1、有用(yǒu yònɡ)本民族的语言文字进行诉讼的权利。
(《中华人民共和国刑事诉讼法》第9条)Citizens of all nationalities shall have the right to use their native spoken and written languages in court proceedings. (Article 9 in Criminal Procedure Law of the People's Republic of China):2、对侦查人员在讯问过程(guòchéng)中侵犯他的诉讼权利或者进行人身侮辱的行为,有权提出控告。
(《中华人民共和国刑事诉讼法》第14条)The suspect shall have the right to file charges against investigators whose acts infringe on his citizen's procedural rights or subject him to indignities.3、对于侦查人员、鉴定人、记录人、翻译人员有下列情形之一的,当事人及其法定代理人有权申请回避:(一)是本案的当事人或者是当事人的近亲属的;(二)本人或者他的近亲属和本案有利害关系的;(三)担任过本案的证人、鉴定人、辩护人、诉讼代理人的;(四)与本案当事人有其他关系,可能影响公正处理案件的。
法律词汇中英文名称对照表(一)
A Resolution for Voluntary ⾃动清盘决议 Abatement 减免或减轻 abduction 拐带 abortion 堕胎 absconding 弃保潜逃 Absolute assignment 绝对转让 absolute discharge ⽆条件释放 absolute liability 绝对法律责任 acquit [v.] ⽆罪释放 Act of God 天灾、神⼒⾏为 Act 作为 Action 诉讼 adjourn 休庭、延期聆讯 Adult 成⼈、成年⼈ Affidavit 誓章 age of consent 同意年龄 Agent 代理⼈ aiding & abetting 教唆、煽动犯罪 Arbitration 仲裁 arrest 拘捕、逮捕 Arrestable Offence 可逮捕的罪⾏ arrestable offence 可逮捕罪⾏ arson 纵⽕ Articles of Association 公司章程 assault 殴打 Assignment 转让契据 asymmetric cryptosystem ⾮对称密码系统 Auditor 核数师 Authorized share capital 法定股本 Authorized signature 经授权之签名 Available act of Bankruptcy 可⽤的破产作为 Bailiff 执达主任 bankruptcy debt 破产债项 Bearer 持票⼈ beneficiary 受益⼈ Bilingual Laws Advisory Committee 双语法例谘询委员会 Board of directors 董事会 British Dependent Territories citizen 英国属⼟公民 British Overseas citizen 英国海外公民 Building Authority 建筑事务监督 Business Registration 商业登记 Buyer 买⽅ Certificate of Compliance 满意纸 Certificate of Origin 产地来源证 certificate 证书 certification practice statement 核证作业准则 Chairman of the board of directors 董事会主席 Charge 扺押 Charge 抵押 Chattel 货物或实产 Chief Justice ⾸席⼤法官 Co-owners 联名业主 commissioner 监誓员 Committed For Trial 交付审判。
案件法律服务告知书英文(3篇)
第1篇To Whom It May Concern,IntroductionThis letter is issued by [Your Law Firm Name], a reputable legalpractice committed to providing comprehensive and professional legal services. We have been retained to represent [Client’s Name] in the matter of [Case Title/Description]. As part of our obligations to ensure transparency and informed decision-making, we are providing you withthis detailed information letter regarding the nature of the case, the services we will provide, and the associated costs.1. Case Overview1.1 Case DetailsThe subject matter of the case is [Provide a brief description of the case, including the nature of the dispute, the parties involved, and any relevant legal issues].1.2 Case History[Provide a chronological summary of the case history, including any previous legal actions, settlements, or judgments.]1.3 Legal Issues[Identify the key legal issues that will need to be addressed in the case, such as contract law, tort law, intellectual property, or family law.]2. Our Services2.1 RepresentationWe will represent [Client’s Name] throughout the legal proceedings, including but not limited to:- Conducting legal research and analysis;- Preparing and filing legal documents and motions;- Negotiating settlements with opposing parties;- Representing [Client’s Name] in court appearances;- Providing strategic legal advice throughout the case;2.2 Case StrategyBased on our initial assessment, we have developed a strategic plan to achieve the best possible outcome for [Client’s Na me]. This plan may include:- Filing a lawsuit or defending against a lawsuit;- Conducting discovery procedures;- Hiring expert witnesses;- Engaging in mediation or arbitration;3. CommunicationWe understand the importance of maintaining open and regular communication with our clients. Therefore, we will:- Provide regular updates on the progress of the case;- Be available to discuss any concerns or questions you may have;- Keep you informed of any significant developments or changes in the legal landscape that may affect the case.4. Fees and Costs4.1 Fee StructureOur fee structure is as follows:- Hourly Rate: Our standard hourly rate for legal services is [Insert Hourly Rate]. This rate may vary depending on the complexity of the matter and the experience level of the attorney handling the case.- Flat Fee: In some cases, we may offer a flat fee arrangement for certain services. This will be discussed with you at the outset of the case.4.2 CostsIn addition to our fees, there may be other costs associated with the case, such as:- Court filing fees;- Witness fees;- Expert witness fees;- Copying and postage fees;- Travel expenses;We will provide you with a detailed itemized bill for all costs incurred on your behalf.5. ConfidentialityWe are bound by strict confidentiality obligations and will not disclose any confidential information regarding this case to any third parties without your prior written consent.6. TimeframeThe anticipated timeframe for the resolution of this case will depend on various factors, including the complexity of the legal issues, the availability of the court calendar, and the cooperation of the opposing parties. We will provide you with regular updates on the progress of the case and will inform you of any significant delays.7. Termination of RepresentationYou may terminate our representation at any time by providing us with written notice. If you terminate our representation, we will provide you with an itemized bill for all services rendered up to that point.8. ConclusionWe are committed to providing [Client’s Name] with exceptional legal representation and are confident in our ability to achieve a favorable outcome. We appreciate your trust in us and look forward to working with you to navigate through this legal matter.Please review this information letter carefully and do not hesitate to contact us if you have any questions or require further clarification.Sincerely,[Your Full Name][Your Title][Your Law Firm Name][Law Firm Address][City, State, Zip Code][Phone Number][Email Address][Date]---Please note that this is a template for a case law services information letter and should be customized to fit the specific details of the case and the law firm's policies and procedures. The actual content,including fees, costs, and services, should be reviewed and confirmed with the client before sending the letter.第2篇To: [Client's Name]Address: [Client's Address]Contact Information: [Client's Phone Number] / [Client's Email]Date: [Current Date]Subject: Important Notice Regarding Your Legal MatterDear [Client's Name],This letter serves as a formal notice regarding the legal services that will be provided to you by [Your Law Firm's Name]. We understand that the legal process can be complex and daunting, and we are committed to guiding you through every step of your case. This notice is intended to provide you with essential information about our services, our expectations, and the responsibilities that come with engaging our firm.Introduction to [Your Law Firm's Name][Your Law Firm's Name] is a reputable legal practice with a strong track record of success in a variety of legal matters. Our team of experienced attorneys is dedicated to providing personalized and effective legal representation to individuals and businesses alike. We specialize in [List of Practice Areas], and we have the expertise to handle cases of varying complexity.Scope of Legal ServicesThe scope of legal services to be provided to you is as follows:1. Initial Consultation: We will schedule an initial consultation to discuss the details of your case, understand your goals, and provide you with an overview of the legal process involved.2. Case Assessment: Our attorneys will conduct a thorough assessment of your case, including the collection and analysis of relevant evidence, to develop a strategic plan tailored to your specific needs.3. Legal Representation: We will represent you in all legal proceedings, including court appearances, negotiations, and mediations, to ensurethat your rights are protected and that your interests are advocated for effectively.4. Documentation: We will prepare all necessary legal documents, including but not limited to, contracts, complaints, motions, and appeals, to support your case.5. Communication: We will maintain regular communication with you throughout the course of your case, providing updates on the status of your matter and discussing any important decisions that may need to be made.6. Research and Investigation: We will conduct comprehensive legal research and investigate all relevant facts and issues to build a strong case on your behalf.7. Litigation Support: If your case proceeds to trial, we will provide full litigation support, including preparing witnesses, presenting evidence, and arguing your case in court.Client ObligationsTo ensure the best possible outcome for your case, it is important that you fulfill the following obligations:1. Provide Complete Information: You must provide us with all relevant information and documentation related to your case. Any omissions or misrepresentations may affect the outcome of your case.2. Cooperate with Us: Your cooperation is crucial. Please respond promptly to our requests for information, attend all scheduled meetings and court appearances, and follow our advice.3. Keep Us Informed: If any material changes occur in your case or your personal circumstances, please inform us immediately.4. Comply with Deadlines: We will advise you of all important deadlines and court dates. Please ensure that you comply with these deadlines to avoid any potential penalties or negative consequences.5. Financial Obligations: You are responsible for paying all legal fees and expenses associated with your case. Please review the attachedbilling statement for details regarding our fee structure and payment terms.Fees and ExpensesThe following fee structure and payment terms apply to your case:1. Hourly Rate: Our hourly rate for legal services is [Hourly Rate].This rate may be subject to change, and any variations will be communicated to you in advance.2. Retainer: A retainer fee of [Retainer Amount] is required to be paid upon the signing of this agreement. This retainer will be held in our trust account and will be used to cover the initial costs of your case.3. Expenses: All out-of-pocket expenses, such as court fees, filing fees, and expert witness fees, will be billed to you separately.4. Final Bill: At the conclusion of your case, we will provide you witha final bill that details all legal fees and expenses incurred.ConfidentialityWe are bound by strict confidentiality obligations. Any information shared with us during the course of our representation will be kept confidential and will not be disclosed to any third parties without your express consent, except as required by law or court order.Termination of RepresentationEither party may terminate this agreement at any time by providingwritten notice to the other party. Upon termination, we will provide you with a final bill for all services rendered up to the date of termination.Dispute ResolutionIn the event of any disputes or disagreements arising out of this agreement, both parties agree to seek resolution through mediation or arbitration, unless otherwise required by law.Acknowledgment of ReceiptPlease sign and date the enclosed copy of this notice to acknowledgethat you have received and understood the terms and conditions set forth herein.Signature:_________________________[Client's Name]Enclosures:1. Billing Statement2. Engagement Letter3. Confidentiality Agreement[Your Law Firm's Name][Attorney's Name][Law Firm Address][Phone Number][Email Address]---This notice is intended to provide you with a comprehensive overview of the legal services that [Your Law Firm's Name] will provide to you. If you have any questions or concerns, please do not hesitate to contact us. We look forward to working with you and achieving a favorable resolution to your legal matter.Sincerely,[Your Law Firm's Name]第3篇[Your Law Firm Name][Your Law Firm Address][City, State, Zip Code][Phone Number][Email Address][Date][Client's Full Name][Client's Address][City, State, Zip Code]Dear [Client's Full Name],Subject: Case Legal Service Information LetterIntroductionWe are pleased to confirm our appointment as your legal representativesin the matter of [Case Title/Description]. This letter serves as a comprehensive overview of the services we will provide, the scope of our engagement, and the expectations we have for the progression of the case. Please read this letter carefully and feel free to contact us at anytime if you have any questions or concerns.Scope of RepresentationOur firm has been retained to provide the following legal services on your behalf:1. Initial Consultation: We will conduct an initial consultation to review the facts of your case, assess the legal issues involved, and provide you with an initial evaluation of your chances of success.2. Legal Research: We will conduct thorough legal research to identify relevant case law, statutes, and legal principles that apply to your case.3. Documentation: We will prepare all necessary legal documents, including but not limited to, complaints, motions, and discovery requests.4. Negotiation: We will negotiate with the opposing party or their counsel to seek a favorable resolution to your case.5. Litigation: If a settlement cannot be reached, we will represent you in court, including preparing for and attending all necessary court appearances, trials, and appeals.6. Legal Advice: Throughout the course of the case, we will provide you with legal advice and guidance on all aspects of your case.7. Client Communication: We will maintain regular communication with you regarding the status of your case and keep you informed of any significant developments.Fees and Billing1. Hourly Rate: Our firm's standard hourly rate for legal services is [Hourly Rate]. This rate may vary depending on the complexity of the matter and the expertise required.2. Retainer: We require a non-refundable retainer of [Retainer Amount] to be paid at the time of our engagement. This retainer will be applied towards the costs of legal services rendered.3. Additional Costs: All out-of-pocket expenses, such as filing fees, copying, postage, and expert witness fees, will be billed to you separately.4. Billing: We will provide you with monthly billing statementsdetailing the time spent on your case and any additional costs incurred.Payment Terms1. Payment Schedule: We will invoice you monthly for services rendered and out-of-pocket expenses. Payment is due within [Number of Days] days of the date of the invoice.2. Late Payment: Any payment not received within [Number of Days] days of the due date will be subject to a late fee of [Late Fee Percentage]% of the unpaid balance.3. Termination of Representation: If you fail to make timely payments, we reserve the right to terminate our representation without notice.ConfidentialityWe are bound by the attorney-client privilege and will maintain the confidentiality of all information you provide to us. We will not disclose any information about your case or your personal matters without your express written consent, except as required by law or court order.Client Responsibilities1. Communication: Please keep us informed of any changes in your contact information and promptly respond to any requests for information or documentation.2. Cooperation: You are expected to cooperate fully with us and provide all necessary information and documentation in a timely manner.3. Decision-Making: You will make all final decisions regarding the case and we will advise you on the legal implications of each decision.4. Review: Please review all documents provided by us and ask questions if you do not understand any part of them.Case Progression1. Timeline: We will provide you with an estimated timeline for the progression of your case. Please note that this timeline is subject to change based on the complexity of the case and the court's schedule.2. Meetings: We will schedule periodic meetings to discuss the status of your case and any decisions that need to be made.3. Communication: We will communicate with you regularly through email, phone calls, or in-person meetings as needed.4. Dispute Resolution: If you have any concerns about the progress of your case, please do not hesitate to discuss them with us.Dispute ResolutionIn the event of a dispute regarding the services provided or fees charged, we will attempt to resolve the matter amicably. If a resolution cannot be reached, we will refer the dispute to mediation or arbitration, as appropriate.Termination of RepresentationYou may terminate our representation at any time by providing us with written notice. We may terminate our representation if you fail to comply with our payment terms or if you fail to cooperate in the case.In the event of termination, we will provide you with a writtenstatement detailing the services rendered and any costs incurred up to that point.ConclusionWe are committed to providing you with the highest quality legal representation and are confident that we can achieve a favorable outcome in your case. Please do not hesitate to contact us if you have any questions or concerns.Sincerely,[Your Full Name][Your Title][Your Law Firm Name]Enclosures:1. Engagement Letter2. Billing Agreement3. Confidentiality Agreement---Please note that this letter is a general template and should be customized to fit the specific details of your case and your law firm's policies. It is also important to ensure that all statements made in the letter comply with applicable laws and ethical rules.。
美国刑事诉讼法规定英文版
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law …在一切刑事訴訟中,被告應享受下列之權利:發生罪案之州或區域之公正陪審團予以迅速之公開審判,其區域當以法律先確定之;Sheppard v. Maxwell, 384 U.S. 333 (1966), was a United States Supreme Court case that examined the rights of freedom of the press (新聞自由)as outlined in the 1st Amendment when weighed against a defendant…s right to a fair trial (受公平審判權)as required by the 6th Amendment.After suffering a trial court conviction(定罪)of second-degree murder(二級謀殺)for the bludgeoning (棍棒毆打的)death of his pregnant(懷孕的)wife, Sam Sheppard challenged the verdict(陪審團裁定)as the product of an unfair trial(不公正審判).Sheppard, who maintained his innocence(無辜)of the crime, alleged that the trial judge failed to protect him from the massive, widespread, and prejudicial(有偏見的)publicity(公開宣揚)that attended(出席、伴隨)his prosecution(起訴).陪審團宣告無罪Once acquitted(宣告無罪), a defendant may not be retried(重新審判)for the same offense(同一犯罪行為): “A verdict(陪審團裁定)of acquittal(宣告無罪), although not followed by any judgment(法院判決), is a bar to a subsequent prosecution for the same offense.“ Acquittal by a jury is generally final and cannot be appealed(上訴)by the prosecution(檢方).法院自己判無罪An acquittal in a trial by judge (bench trial) is also generally not appealable by the prosecution(檢方). A trial judge may normally enter an acquittal if he deems the evidence insufficient for conviction(不足以定罪). If the judge makes this ruling before the jury reaches its verdict, the judge…s determination is final. If, however, the judge overrules(推翻)a conviction by the jury, the prosecution may appeal to have the conviction reinstated(恢復)證據不足撤銷定罪If a defendant appeals a conviction and is successful in having it overturned(推翻), they are subject to retrial(接受重審).An exception arises if the verdict is overturned on the grounds of evidentiary insufficiency(證據不足), rather than on the grounds of procedural faults(程序錯誤).不同罪名Another exception arises in cases of conviction for lesser offenses(較輕罪名). If a defendant charged with murder in the first degree(一級謀殺)is convicted for murder in the second degree, and later the jury…s conviction is overturned on procedural grounds, the defendant may be retried for second degree but not firstdegree murder; the jury, by convicting the defendant of second degree murder, is deemed to have implicitly(暗示)acquitted them of first degree murder.同一犯罪De fendants may not more than once be placed in jeopardy for the “same offense”(同一犯罪行為). Sometimes, however, the same conduct may violate different statutes. The defendant had first been convicted of operating an automobile without the owner…s consent, and l ater of stealing(偷竊)the same automobile. The Supreme Court concluded that the same evidence was necessary to prove both offenses, and that in effect there was only one offense. Therefore, it overturned the second conviction.審判無效mistrialMistrials(審判無效)are generally not covered by the double jeopardy clause. If a judge dismisses the case or concludes the trial without deciding the facts in the defendant's favor (for example, by dismissing the case on procedural grounds), the case is a mistrial and may normally be retried.Furthermore, if a jury cannot reach a verdict(陪審團無法達成裁定), the judge may declare a mistrial and order a retrial. When the defendant moves for(提議)a mistrial, there is no bar to retrial, even if the prosecutor or judge caused the error that forms the basis of the motion.雙重主權The clause, it has been held, does not prevent separate trials by different governments, and the state and federal governments are considered “separate sovereigns”(不同主權). Therefore, one may be prosecuted for a crime in a state court, and prosecuted for the same crime in another state, a foreign country, or (most commonly) in a federal court.球隊隊員強暴啦啦隊員In March 2006 Crystal Gail Mangum, an African American student at North Carolina Central University who worked as a stripper(脫衣舞女),dancer and escort(儀隊), falsely accused three white Duke University students, members of the Duke Blue Devils men…s lacrosse(曲棍球)team, of raping her at a party held at the house of two team's captains in Durham, North Carolina on March 13, 2006.DNA檢測Shortly after the party, the prosecution ordered 46 of the 47 team members to provide DNA samples.On Monday, April 10, 2006, it was revealed that DNA testing had failed to connect any of the 46 tested members of the Duke University men's lacrosse team.照片指認問題During the photo identifications(照片指認), Mangum was told that she would be viewing Duke University lacrosse players who attended the party, and was asked if she remembered seeing them at the party and in what capacity.this was essentially a “multiple-choice test(複選題)in which there were no wrong answers",… "[t]he officer was telling the witness that all are suspects, and say, in effect, 'Pick three.'U.S. Department of Justice guidelines suggest to include at least five non-suspectfiller photos for each suspect included撤回起訴On April 11, 2007, North Carolina Attorney General Roy Cooper dropped(撤回)all charges and declared the three players innocent(無辜). Cooper stated that the charged players –Reade Seligmann, Collin Finnerty, and David Evans –were victims of a “tragic rush to accuse.”(急於指控之悲劇)檢察官被除名That June, Nifong was disbarred for “dishonesty(不誠實), fraud(詐欺), deceit (欺騙)and misrepresentation(不實陳述)”, making Nifong the first prosecutor in North Carolina history to lose his law license(證照)based on actions in a case. Nifong was found guilty of criminal contempt(藐視)and served one day in jail. Mangum never faced any charges for her false accusations as Cooper declined to prosecute her.法律倫理“Legal ethics” (法律倫理)in the United States is generally understood to primarily apply to lawyers, while codes of professional responsibility(專門職業人員責任)also apply in a derivative sense (indirectly) to non-lawyers who work with lawyers, such as paralegals(律師助理、法務)or private investigators(私人調查員).美國律師公會職業行為規則The American Bar Association (美國律師公會)has promulgated(公布)the Model Rules of Professional Conduct (職業行為模範規則)which, while formally only a recommendation by a private body, have been influential in many jurisdictions.各州州法自行規定律師執業守則In the United States, the practice of law is regulated by the governments of the individual states and territories(領域).Each state or territory has a code of professional conduct dictating rules of ethics. These may be adopted by the respective state legislatures and/or judicial systems.各州懲戒權Every town in the United States has a regulatory(管制性)body (usually called a state bar association) that polices(維持)lawyer conduct. When lawyers are licensed (被許可)to practice(職業) in a state, those lawyers subject themselves to this authority. Overall responsibility often lies with the highest court in a state (such as state supreme court).懲戒Lawyers who fail to comply with(遵守)local rules of ethics may be subjected to discipline(懲戒)ranging from private (non-public) reprimand(訓斥)to disbarment (取消資格).。
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犯罪嫌疑人诉讼权利义务告知书中英对照集团标准化工作小组 [Q8QX9QT-X8QQB8Q8-NQ8QJ8-M8QMN]犯罪嫌疑人诉讼权利义务告知书Rights and Obligations of Suspects根据《中华人民共和国刑事诉讼法》的规定,在公安机关对案件进行侦查期间,犯罪嫌疑人有如下权利和义务:In accordance with the provisions of the Criminal Procedure Law of the People's Republic of China, during the public security organ’s investigation, the suspect has the following rights and obligations:权利:Rights:1、有用本民族的语言文字进行诉讼的权利。
(《中华人民共和国刑事诉讼法》第9条)Citizens of all nationalities shall have the right to use their native spoken and written languages in court proceedings. (Article 9 in Criminal Procedure Law of the People's Republic of China):2、对侦查人员在讯问过程中侵犯他的诉讼权利或者进行人身侮辱的行为,有权提出控告。
(《中华人民共和国刑事诉讼法》第14条)The suspect shall have the right to file charges against investigators whose acts infringe on his citizen's procedural rights or subject him to indignities.3、对于侦查人员、鉴定人、记录人、翻译人员有下列情形之一的,当事人及其法定代理人有权申请回避:(一)是本案的当事人或者是当事人的近亲属的;(二)本人或者他的近亲属和本案有利害关系的;(三)担任过本案的证人、鉴定人、辩护人、诉讼代理人的;(四)与本案当事人有其他关系,可能影响公正处理案件的。
对驳回申请回避的决定,可以申请复议一次。
(《中华人民共和国刑事诉讼法》第28、30、31条)In any of the following situations, a member of the judicial, procuratorial, investigatory and translation personnel shall voluntarily withdraw, and the parties to the case and their legal representatives shall have the right to demand his withdrawal: (1) if he is a party or a near relative of a party to the case; (2) if he or a near relative of his has an interest in the case; (3) if he has served as a witness, expert witness, defender or agent ad litem in the current case; or (4) if he has any other relations with a party to the case that could affect the impartial handling of the case. (Article 28,30,31)4、为自己辩护的权利。
(《中华人民共和国刑事诉讼法》第32条)In order to exercise the right to defend himself, a criminal suspect or a defendant may entrust persons as his defenders. (Article 32)5、被羁押的犯罪嫌疑人及其法定代理人、近亲属有权申请取保候审。
(《中华人民共和国刑事诉讼法》第52条)A criminal suspect or defendant in custody and his legal representatives or near relatives shall have the right to apply for obtaining a guarantor pending trial.(Article 52)6、犯罪嫌疑人及其法定代理人、近亲属或者犯罪嫌疑人、被告人委托的律师对于公安机关采取强制措施超过法定期限的,有权要求解除强制措施。
(《中华人民共和国刑事诉讼法》第75条)If the compulsory measures adopted by a public security organ exceed the time limit prescribed by law, the criminal suspect or defendant, his legal representatives, near relatives, or the lawyers or other defenders entrusted by the criminal suspect or defendant shall have the right to demand cancellation of the compulsory measures. (Article 75)7、在侦查人员讯问时,对与本案无关的问题,有拒绝回答的权利。
(《中华人民共和国刑事诉讼法》第93条)The criminal suspect shall have the right to refuse to answer any questions that are irrelevant to the case. (Article 93)8、犯罪嫌疑人有权核对讯问笔录。
犯罪嫌疑人没有阅读能力的,侦查人员应当向其宣读。
如果记载有遗漏或者差错,犯罪嫌疑人可以提出补充或者改正。
犯罪嫌疑人有权自行书写供述。
(《中华人民共和国刑事诉讼法》第95条)The record of an interrogation shall be shown to the criminal suspect for checking; if the criminal suspect cannot read, the record shall be read to him. If there are omissions or errors in the record, the criminal suspect may make additions or corrections. The criminal suspect shall have the right to write a personal statement. (Article 95)9、犯罪嫌疑人在被侦查机关第一次讯问后或者采取强制措施之日起,可以聘请律师为其提供法律咨询、代理申诉、控告。
犯罪嫌疑人被逮捕的,聘请的律师可以为其申请取保候审。
涉及国家秘密的案件,犯罪嫌疑人聘请律师,应当经侦查机关批准。
(《中华人民共和国刑事诉讼法》第96条)After the criminal suspect is interrogated by an investigation organ for the first time or from the day on which compulsory measures are adopted against him, he may appoint a lawyer to provide him with legal advice and to file petitions and complaints on his behalf. If the criminal suspect is arrested, the appointed lawyer may apply on his behalf for obtaining a guarantor pending trial. If a case involves State secrets, the criminal suspect shall have to obtain the approval of the investigation organ for appointing a lawyer. (Article 96)10、有权知道用作证据的鉴定结论的内容,可以申请补充鉴定或重新鉴定。
(《中华人民共和国刑事诉讼法》第121条)The criminal suspect shall have the right to know the conclusion of theexpert verification which will be used as evidence in his case. A supplementary expert verification or another expert verification may be conducted upon application.义务:Obligations:1、犯罪嫌疑人对侦查人员的提问,应当如实回答。
(《中华人民共和国刑事诉讼法》第93条)。
The criminal suspect shall answer the investigators' questions truthfully.(Article 93)2、服从侦查行为。
本告知书在对犯罪嫌疑人依法进行第一次讯问或采取强制措施时交犯罪嫌疑人。
This document shall be given to the criminal suspect in the first investigation or from the day on which compulsory measures are adopted against him.Notice of Informing Rights and ObligationsYou shall be examined and initiated a prosecution for the crime suspected of narcotic drug smuggling. You have the following rights and obligations.I. Rights1. Right of knowing the certificate.If you are summoned to a designated place for interrogation, you have right to require the prosecutors to produce the certificate.2. Right of refusing to answer any questions that are irrelevant to the case. When interrogating, you have the right to refuse to answer any questions that are irrelevant to the case.3. Right of getting legal help.After you are interrogated by the prosecution for the first time or from the day on which compulsory measures are adopted against you, you may appoint one or two lawyers to provide you with legal advice and to file petitions and complaints on your behalf.4. Right of defenseIn addition to exercising the right to defend yourself, you may entrust one or two persons as your defenders.5. Right of demanding withdrawalIf a prosecutor has any of the following situations, you and your legal representatives shall have the right to demand his withdrawal:(1) if he is a party or a near relative of a party to the case;(2) if he or a near relative of his has an interest in the case;(3) if he has served as a witness, expert witness, defender or agent ad litem in the current case ;(4) if he has any other relations with a party to the case that could affect the impartial handling of the case;(5) if he accepts invitations to dinner from the parties to this case or the persons entrusted by the parties;(6) if he violates the regulations to meet with the parties to this case or the persons entrusted by the parties.If a decision has been made to reject the application for withdrawal, you or your legal representative may apply for reconsideration once.6. Right of applying for obtaining a guarantor pending trialIf you are in custody, you and your legal representatives ,near relatives or your lawyer shall have the right to apply for obtaining a guarantor pending trial.7. Right of demanding cancellation of the compulsory measures.If the compulsory measures adopted by the Prosecution exceed the time limit prescribed by law, you, your legal representatives, near relatives, the lawyers or other defenders entrusted by you shall have the right to demand cancellation of the compulsory measures.8. Right of applying for a supplementary expert verification or another expert verification.If the conclusion of the expert verification will be used as evidence in this case you may apply for a supplementary expert verification or another expert verification.9. Right of present a petitionIf you refuse to accept the decision that the Prosecution decides not to initiate a prosecution in accordance with the provisions of the second paragraph ofArticle 142 of Criminal Procedure Law of the PRC, you may present a petition to the Prosecution within seven days after receiving the written decision.10. Right of using your familiar languages in court proceedings.If you are not familiar with the spoken or written language commonly used in the locality, the Prosecution shall provide translations for you.11. Right of checking the record of an interrogationThe record of an interrogation shall be shown to you for checking; if you cannot read, the record shall be read to you. If there are omissions or errors in the record, you may make additions or corrections.12. Right of writing a personal statementIf you request to write a personal statement, you shall be permitted to do so by prosecutors.13. Right of filing chargesYou shall have the right to file charges against procurators whose acts infringe on your procedural rights or subject your person to indignities.14. Right of recovering damages from the state.If prosecution or their personnel , when exercising the functions and powers in violation of the law , infringes your personal rights or property rights , you have right to recover damages from the state.II. Obligations1. You shall observe Criminal Procedure Law of the PRC and any relevant stipulations of other laws. You shall accept compulsory measures and other legal actions produced by the prosecution2. Obligations of answering the questions truthfullyIf prosecutors ask you questions, you shall answer the questions truthfully.3. Obligations of accepting an examinationAn examination may be conducted of you in order to ascertain some of your characteristics or physiological condition.If you refuse to be examined, prosecutors, when they deem it necessary, may conduct a compulsory examination.4. Obligations of accepting a searchIn order to collect criminal evidence, you shall accept searching you, your belongings and residence conducted by prosecutors.(For People’s Prosecution Service)。