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.
Legal basis: Criminal Procedure Law of People's Republic of China (PRC).
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.
Article 38 From the date of examination and prosecution by the People's Procuratorate, defense lawyers may consult, extract and copy the case files. Other defenders may also consult, extract and copy the above materials with the permission of the people's court or the people's procuratorate.
Article 39 Defenders who believe that the evidence materials collected by public security organs and people's procuratorates to prove the innocence or minor crimes of criminal suspects and defendants have not been submitted have the right to apply to the people's procuratorates and people's courts for retrieval.
Article 40 A defender shall promptly inform the public security organ and the people's procuratorate of the evidence that the criminal suspect is not at the scene of the crime, has not reached the age of criminal responsibility, and belongs to a mental patient who is not criminally responsible according to law.
Article 41 With the consent of witnesses or other relevant units and individuals, defense lawyers may collect materials related to this case from them, or apply to the people's procuratorate or the people's court to collect and obtain evidence, or apply to the people's court to notify witnesses to testify in court. With the permission of the people's procuratorate or the people's court, and with the consent of the victim or his close relatives or witnesses provided by the victim, the defense lawyer may collect materials related to the case from them.