First, the procedures for meeting with lawyers and reviewing papers have been improved
The new Criminal Procedure Law has fully absorbed the relevant provisions of the Lawyers Law , improved the regulations for defense lawyers to meet with criminal suspects and defendants in custody, and strengthened safeguards for lawyers to perform their duties in accordance with the law.
Article 96 of the current "Criminal Procedure Law" stipulates that during the investigation stage, for cases involving state secrets, criminal suspects hiring lawyers and lawyers to meet with criminal suspects in custody must be approved by the investigation agency . The revised Lawyers Law makes different provisions, stipulating that lawyers have the right to meet criminal suspects and defendants with their practicing certificates, law firm certificates, letters of attorney, or legal aid documents. Lawyers' interviews with criminal suspects or defendants are not subject to eavesdropping. The new "Criminal Procedure Law" absorbs the relevant content of the "Lawyers Law" and stipulates that in cases of crimes endangering national security, crimes of terrorist activities, and particularly major bribery crimes, defense lawyers must obtain permission from the investigation agency to meet criminal suspects in custody during the investigation. . This solves the problem of the connection between the Criminal Procedure Law and the Lawyer Law, ensures the unity of law and justice, and at the same time solves practical problems in investigation work.
Article 36 of the current Criminal Procedure Law stipulates that defense lawyers may consult, excerpt, and copy litigation documents and technical appraisal conclusion materials during the review and prosecution stage, and may consult, excerpt, and copy the crimes alleged in the case during the trial stage. factual material. The revised Lawyers Law expanded the scope of defense lawyers during the review and prosecution stage. The new Criminal Procedure Law absorbs relevant content from the Lawyers Law and stipulates that defense lawyers may consult, excerpt, and copy materials charging the facts of the case during the prosecution and trial stages.
Second, the litigation rights of criminal suspects during the investigation stage are effectively protected
The defense system is an important system in criminal proceedings to ensure that criminal suspects and defendants exercise their right to defense in accordance with the law. The new Criminal Procedure Law focuses on improving the legal status and role of defenders in criminal proceedings.
Articles 33 and 96 of the current Criminal Procedure Law stipulate that criminal suspects and defendants can entrust defenders during the review, prosecution and trial stages, but can only hire lawyers to provide legal assistance during the investigation stage. . Taking into account that criminal suspects and defendants have the right to defense throughout the entire litigation process, the new Criminal Procedure Law adds a provision that criminal suspects have the right to entrust a defender from the first day of interrogation or compulsory measures taken by the investigative agency. During the investigation, only lawyers can be appointed as defenders. When interrogating a criminal suspect for the first time or taking compulsory measures against a criminal suspect, the investigation agency shall inform the criminal suspect of the right to entrust a defender.
Additional provisions are also added: "During the investigation, defense lawyers can provide legal assistance to criminal suspects; serve as agents for petitions and indictments; apply for changes in compulsory measures; and learn from the investigation agencies about the suspect's alleged crimes." "
This revision further clarifies the legal status of lawyers in the investigation stage and is conducive to better playing the role of lawyers.