A criminal retrial must meet the circumstances set forth in Article 253 of the Criminal Procedure Law, such as factual errors in the effective judgment, insufficient evidence, misapplication of the law, or procedural violations; appeals are generally filed within two years after the completion of the execution of the sentence.
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When choosing a criminal defense lawyer, you should first check the lawyer's qualifications and experience in handling similar cases on the official website of the law firm and on the platform of the judicial administrative authority. Be cautious of false promises, and sign a written power of attorney contract to clarify the scope of authority and fees.
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When selecting a criminal compliance lawyer, one should consider their criminal law professional background, practical experience in corporate compliance, and cross-disciplinary collaboration capabilities. They should conduct risk assessments and rectifications based on the unit's crime prevention regulations and the corporate compliance reform policies of the involved enterprises, aiming to secur...
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When meeting a criminal lawyer for the first time, you should clarify the charges, evidence, procedures, and risks. The longest period of detention during the investigation stage is 37 days, which is the golden rescue period. To be granted bail pending trial, you must comply with Article 67 of the Criminal Procedure Law. It is recommended that you bring the relevant materials with you for a consul...
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Criminal lawyers cannot guarantee acquittal, and the outcome depends on the evidence and judicial determination. Lawyers strive to secure bail, non-prosecution, probation, or lenient sentences in accordance with the law. Any promise of guaranteed victory is against the rules. According to Article 37 of the Criminal Procedure Law, defense attorneys may put forward opinions on acquittal or lenient s...
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During the review stage of the death penalty, lawyers can meet with the defendant, review the case files, and submit written defense opinions to the Supreme People's Court, raising objections regarding the facts and evidence, sentencing circumstances, and procedural legality. According to Article 246 of the Criminal Procedure Law, the death penalty must be approved by the Supreme People's Court.
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It is useful to hire a lawyer after a family member is detained by the police: the lawyer can meet with the detainee in a timely manner, understand the case, apply for bail pending trial, and submit legal opinions. According to Articles 34 and 39 of the Criminal Procedure Law, lawyers can intervene in the case from the moment the detainee is interrogated or subjected to compulsory measures.
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The mandatory reserved share in the will must reserve a necessary share for heirs who lack the ability to work and have no source of livelihood. The unreserved share shall be deducted first. According to Article 1141 of the Civil Code, the purpose is to guarantee the basic living of vulnerable heirs.
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The trustee of a testamentary trust is appointed by the will and may be a natural person, a legal person, or other organization. If no trustee is appointed or the appointed trustee is unable to serve, the beneficiary shall appoint a trustee or the court shall appoint one. According to Articles 13, 24, and 39 of the Trust Law, the trustee must have full capacity for civil conduct.
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A testamentary trust is established in accordance with the Trust Law and the Civil Code. It requires that the will be valid, the purpose be clear, the property be identified, and the trustee be appointed; and the donee must accept the gift within 60 days. It is recommended to clarify the terms and select a qualified trustee.
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The core difference between the two lies in the subject and the acceptance of the rules: in the case of testamentary succession, the beneficiaries are the statutory heirs, who are deemed to have accepted the inheritance by default; in the case of legacies, if the objects of the legacy are people other than the statutory heirs, they must expressly accept the legacy within 60 days. If the deadline i...
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The donee must be a person other than the statutory heir; if the beneficiary is already a statutory heir, the arrangement belongs to testamentary succession rather than gift, and the rules for accepting them are different. According to Articles 1133 and 1162 of the Civil Code.
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If the legacy is accompanied by an obligation, and the legatee fails to fulfill it without a justifiable reason, the court may revoke his/her right to accept the part of the legacy accompanied by an obligation upon request; to recover it, the legatee must provide fixed evidence of non-performance and file a lawsuit. According to Article 1144 of the Civil Code.
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A legacy maintenance agreement is a bilateral contract. If one party fundamentally breaches the contract, the other party may terminate it; if the caretaker fails to fulfill his obligations, he will not be entitled to receive the legacy, and the legator who breaches the contract shall repay the maintenance fees. This shall be handled in accordance with Article 1158 of the Civil Code.
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A legacy support agreement is signed by the legator and an organization or individual other than the inheritor; a natural person may sign such an agreement with a collective economic organization, a retirement home, etc., and enjoy rights and assume obligations in accordance with the agreement.
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