1. Can the defense lawyer ask the public security organ about the case?
It is ok for defense lawyers to know the case from public security organs, and it is certainly useful to hire criminal defense lawyers. Criminal cases are divided into three stages: public security investigation stage, procuratorate examination and prosecution stage and court trial stage. As long as the parties are suspected of any crime, as long as they are not convicted by the court, they cannot be called criminals and have no criminal record. Therefore, the best time to invite lawyers to intervene is the public security investigation stage, because at this stage, the public security organs are not allowed to let family members or relatives visit, and only lawyers can see the parties.
Moreover, the earlier a criminal case is entrusted to a lawyer, the better the final handling of the case will be. It is best to entrust a lawyer to intervene at the investigation stage or when a person is taken into compulsory measures (detention). With the lawyer's intervention, we can know the case earlier, because his confession has not yet taken shape, and the lawyer can remind him what to say and tell him what is bad for him. Furthermore, the intervention of lawyers can effectively avoid the occurrence of extorting confessions by torture. Without the intervention of lawyers, most of them will be punished in the investigation and detention stage. If you have a lawyer, you can tell him that the lawyer can appeal and sue him.
Second, what is the legal basis?
Criminal procedure law
Article 36 A defense lawyer may provide legal aid to a criminal suspect during investigation; Acting as an agent for complaints and accusations; Apply for changing compulsory measures; Ask the investigation organ about the crimes and cases suspected by the criminal suspect, and put forward opinions.
Article 37 A defense lawyer may meet and correspond with a criminal suspect or defendant in custody. Other defenders, with the permission of the people's courts and people's procuratorates, may also meet and correspond with criminal suspects and defendants in custody.
If a defense lawyer holds a lawyer's practice certificate, a law firm's certificate, a power of attorney or a letter of legal aid to ask for a meeting with the criminal suspect or defendant in custody, the detention center shall arrange the meeting in time, which shall not exceed 48 hours at the latest.
In cases of crimes endangering national security, terrorist activities and particularly serious bribery crimes, defense lawyers should obtain permission from the investigation organ when meeting with the criminal suspect in custody during the investigation. The investigation organ shall notify the detention center of the above situation in advance.
When a defense lawyer meets a criminal suspect or defendant in custody, he can understand the case; From the date when the case is transferred for examination and prosecution, the relevant evidence may be verified with the criminal suspect or defendant. Defense lawyers are not monitored when meeting with criminal suspects and defendants.
The provisions of the first, third and fourth paragraphs shall apply to the meetings and correspondence between defense lawyers and criminal suspects and defendants who are under surveillance.
In our country, one of his methods to deal with general criminal behavior is to draw up three stages. 1 stage is the investigation stage, which is the responsibility of the public security organ, so if you ask a defender at this time. Understanding the case is carried out from the perspective of the public security organs.