1. When did criminal lawyers get involved in China?
Lawyers in criminal cases can intervene from the day when the criminal suspect is interrogated for the first time by the investigation organ or compulsory measures are taken. According to article 34 of the Criminal Procedure Law. A criminal suspect has the right to entrust a defender from the day when he is interrogated for the first time by the investigation organ or takes compulsory measures; During the investigation, only lawyers can be entrusted as defenders, and the defendant has the right to entrust defenders at any time.
When interrogating a criminal suspect for the first time or taking compulsory measures against him, the investigation organ shall inform him that he has the right to entrust a defender. The people's procuratorate shall, within three days from the date of receiving the case materials transferred for examination and prosecution, inform the criminal suspect that he has the right to entrust a defender.
The people's court shall, within three days from the date of accepting the case, inform the defendant of the right to entrust a defender. If a criminal suspect or defendant requests to entrust a defender while in custody, the people's court, the people's procuratorate and the public security organ shall promptly convey it.
If a criminal suspect or defendant is in custody, his guardian or near relative may also entrust a defender. After accepting the entrustment of a criminal suspect or defendant, the defender shall promptly inform the case-handling organ.
Legal basis:
Article 34 of the Criminal Procedure Law of People's Republic of China (PRC)
A criminal suspect has the right to entrust a defender from the day when he is interrogated for the first time by the investigation organ or takes compulsory measures; During the investigation, only lawyers can be entrusted as defenders. The defendant has the right to entrust a defender at any time.
When interrogating a criminal suspect for the first time or taking compulsory measures against him, the investigation organ shall inform him that he has the right to entrust a defender. The people's procuratorate shall, within three days from the date of receiving the case materials transferred for examination and prosecution, inform the criminal suspect that he has the right to entrust a defender. The people's court shall, within three days from the date of accepting the case, inform the defendant of the right to entrust a defender. If a criminal suspect or defendant requests to entrust a defender while in custody, the people's court, the people's procuratorate and the public security organ shall promptly convey it.
If a criminal suspect or defendant is in custody, his guardian or near relative may also entrust a defender. After accepting the entrustment of a criminal suspect or defendant, the defender shall promptly inform the case-handling organ.
Second, the relevant provisions on the right of lawyers to read papers in criminal cases.
In general criminal cases, the detention center shall arrange a meeting with the above-mentioned documents within 48 hours. Note that it is stipulated here that a lawyer can see the client within 48 hours without the permission of the investigation organ or department. Unless it is a crime endangering national security, a terrorist activity crime or a particularly serious bribery crime, if a lawyer applies to meet with a criminal suspect in custody during the investigation, it shall be approved by the investigation organ. If a lawyer applies for a meeting in such cases, the case-handling department shall make a decision on permission or disapproval within 3 days and notify the defense lawyer.
According to the provisions of Article 39 of China's Criminal Procedure Law, lawyers need to submit relevant procedures to meet the parties:
Including: lawyer's practice certificate, original and photocopy of law firm's certificate, and criminal defense power of attorney with special letter of introduction issued by law firm to meet criminal suspects and defendants. If it is legal aid, a legal aid letter is required. The parties are generally the family members of the parties and need to provide identity documents and proof of kinship. According to the provisions of the Criminal Procedure Law, as long as these procedures are met, lawyers can meet the parties at any time, regardless of the time and frequency of the meeting.
Article 37 of the Criminal Procedure Law of People's Republic of China (PRC)
The responsibility of a defender is to provide materials and opinions on whether a criminal suspect or defendant is innocent, light or relieved of criminal responsibility according to facts and laws, and to safeguard the litigation rights and other legitimate rights and interests of the criminal suspect or defendant.
Our country severely cracks down on illegal crimes, but at the same time adheres to the principle of equality before the law. Criminal suspects and defendants have the right to safeguard their legitimate rights and interests, and they cannot but protect their personal rights.