Meeting time. In the investigation stage, the time for a criminal suspect to hire a lawyer is advanced from "after the first interrogation" in the current criminal procedure law to "from the first interrogation day", and the new criminal procedure law also cancels the restriction that a criminal suspect involved in a state secret case must obtain the approval of the investigation organ to hire a lawyer. Completely absorbed the provisions of the lawyer law. 2. Meeting procedures. The new Criminal Procedure Law has absorbed Article 33 of the Lawyers Law, stipulating that "when a lawyer meets, he can produce his lawyer's practice certificate, certificate of law firm, power of attorney or official letter of legal aid" (three certificates). 3. Meeting procedures. The provision that lawyers are not allowed to be monitored when meeting criminal suspects and defendants cancels the provision that the investigation organ can send personnel to be present at the investigation stage according to the situation in the current criminal procedure law. For general cases, the lawyer's meeting should be directly submitted to the detention center and must be arranged within 48 hours at the latest. To some extent, this provision solves the problem that lawyers must be arranged by the case-handling organ during the investigation stage, but the 48-hour grace period in the detention center may bring new problems in practice. Moreover, once "forty-eight hours" becomes the norm, it will directly affect the overall meeting effect in the three stages of investigation, review, prosecution and trial. 4. Scope of the meeting. Different from the Lawyers Law, the new Criminal Procedure Law cancels the restriction that lawyers should obtain the consent of the investigation organ when meeting cases involving state secrets, but increases the restriction that "defense lawyers should obtain the consent of the investigation organ when meeting detainees during investigation". Therefore, in fact, compared with the current Criminal Procedure Law and Lawyers Law, the scope for lawyers to meet with detainees during investigation has been expanded. That is, the lawyer's right to meet is obviously reduced compared with the current legal provisions. Lawyers will not be monitored when meeting with criminal suspects. The new criminal procedure law fully absorbs the provisions of Article 33 of the Lawyers Law, but it is obviously different from the Lawyers Law. To sum up, both the plaintiff and the defendant in criminal cases have the right to entrust a lawyer to defend themselves, and the defendant can generally meet on the day when compulsory measures are taken, so it is necessary to meet with the chief lawyer in time to protect their rights to the maximum extent in the first time.
Legal objectivity:
According to Article 33 of China's Criminal Procedure Law: "A criminal suspect has the right to entrust a defender from the date when the case is transferred for review." In other words, in the stage of examination and prosecution, lawyers began to appear as "defenders". At this stage, except for criminal suspects who are under surveillance, the Criminal Procedure Law does not restrict defense lawyers from meeting criminal suspects. As long as he is a defense lawyer, he has the right to meet the criminal suspect in custody, without the approval of the procuratorial organ, and the procuratorial organ should not send personnel to meet at the scene. As for the content of the interview, as long as it is necessary to perform defense duties according to law, you can talk about it without restrictions. In addition, you can communicate with criminal suspects, and the content they communicate should not be checked and arbitrarily detained. In the stage of examination and prosecution, the defense lawyer meets the criminal suspect in the following aspects: (1) Asking the facts of the case and listening to the statement and defense of the criminal suspect. If the facts stated by the criminal suspect are different from those stated in the public prosecution opinion, the defense lawyer should ask clearly, even if there are differences in details. (2) Check the materials and opinions that prove the criminal suspect's innocence, light crime or reduced or exempted from criminal responsibility, and ask the criminal suspect whether there are new witnesses, physical evidence and evidence clues. (3) Inform them of their litigation rights and obligations at the stage of examination and prosecution. For example, when the case-handling personnel of the procuratorate interrogate him, he has the right to apply for withdrawal, the right to defense, the right to request re-appraisal, and the right to appeal against the prosecution decision. (4) ask about the case. Ask about the duration of his detention, whether the case-handling personnel have extorted confessions by torture, detained in disguised form and other illegal acts, and whether they have seized or frozen property with the case. According to the contents of the above-mentioned meeting, defense lawyers can put forward defense opinions to the people's procuratorate to prove the criminal suspect's innocence, light crime or reduce his criminal responsibility. If criminal responsibility should not be investigated, or if the evidence is insufficient and does not meet the conditions for prosecution, or if the circumstances of the crime are minor, it is not necessary to sentence or be exempted from punishment according to the provisions of the Criminal Law, it should be suggested that the People's Procuratorate make a decision not to prosecute. If the criminal suspect refuses to accept the decision to plead guilty and repent, the defense lawyer may appeal to the people's procuratorate on his behalf; If the case has sealed up or frozen property, it may request the people's procuratorate to terminate it after making a decision not to prosecute. If the detention period has exceeded the time limit prescribed by law, he may request the cancellation or change of compulsory measures on behalf of the criminal suspect; If the case-handling personnel commit illegal acts such as extorting confessions by torture or detaining them in disguised form, they may prosecute on their behalf.