During the investigation, only lawyers can be entrusted as defenders. The defendant has the right to entrust a defender at any time. In the investigation stage, lawyers, as defenders of criminal suspects, enjoy the following rights:
1, can understand the case and the main facts that have been identified at that time;
2. Except for special cases, the parties to other cases have the right to meet and communicate without the approval of the public security organ;
3. Meeting with the parties is no longer monitored, and public security personnel may not accompany them;
4. Have the right to ask and collect evidence on their own, and have the right to apply for witnesses to testify in court;
5. Lawyers have the right to express their opinions on whether they should be arrested at the investigation stage;
6. In the investigation stage, lawyers have the right to ask the public security organs to change or lift compulsory measures.
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. Defender refers to a person who is entrusted by the accused or appointed by the people's court to help the criminal suspect and defendant exercise their right to defense in order to safeguard their legitimate rights and interests. The investigation stage generally means that the investigation organ begins to investigate, and the case investigation ends and is transferred to the procuratorate for review and prosecution. Criminal suspects are often detained in detention centers during the investigation stage, and no one, including family members, is allowed to meet with them except lawyers and case handlers.
Lawyers are involved in the investigation stage to provide assistance to suspects. 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. Defense lawyers can meet and correspond with criminal suspects and defendants 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.
In addition, when a defense lawyer exercises the right of defense in the investigation stage, he should hold a lawyer's practice license, a law firm's certificate, a power of attorney or a letter of legal aid, and ask for a meeting with the criminal suspect or defendant in custody with the above documents. The detention center should arrange the meeting in time, which should not exceed 48 hours at the latest.
During the investigation, only lawyers can be entrusted as defenders.
The Criminal Procedure Law stipulates that 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.
If a criminal suspect or defendant is in custody, his guardian or near relative may also entrust a defender.
Defender refers to a person who is entrusted by the accused or appointed by the people's court to help the criminal suspect and defendant exercise their right to defense in order to safeguard their legitimate rights and interests.
The main scope of the defender:
(1) lawyers;
(2) A person recommended by a people's organization or the unit to which the criminal suspect or defendant belongs;
(3) Guardians, relatives and friends of criminal suspects and defendants.
The following persons shall not act as defenders:
(1) A person who is being executed or is within the probation period of probation or parole;
(2) A person who is deprived or restricted of personal freedom according to law;
(3) Being expelled from public office or having his lawyer's or notary's practice certificate revoked;
(4) Current employees in people's courts, people's procuratorates, supervisory organs, public security organs, state security organs and prisons;
(5) People's jurors;
(6) People who have an interest in the trial result of this case;
(7) Foreigners or stateless persons;
(8) Persons with no capacity for conduct or persons with limited capacity for conduct.
The persons specified in items 3 to 7 above may be permitted if they are guardians or close relatives of the defendant and are entrusted by the defendant to act as defenders.
legal ground
Criminal Procedure Law of the People's Republic of China
Article 34 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 compulsory measures are taken. 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.
Article 39 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 criminal cases endangering national security and terrorist activities, 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 and provide legal advice. 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 paragraphs 1, 3 and 4 shall apply to the meetings and correspondence between defense lawyers and criminal suspects and defendants who are under surveillance.
Article 41 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 88 After the people's procuratorate has examined and approved the arrest, it may interrogate the criminal suspect. In any of the following circumstances, the criminal suspect shall be interrogated:
(1) Having doubts about whether the conditions for arrest are met;
(2) The criminal suspect requests to make a face-to-face statement to the procurator;
(3) There may be major illegal acts in the investigation activities.
When examining and approving an arrest, the people's procuratorate may question witnesses and other participants in the proceedings and listen to the opinions of defense lawyers; If a defense lawyer makes a request, he shall listen to the opinions of the defense lawyer.
Article 99 A people's court, people's procuratorate or public security organ shall release a criminal suspect or defendant after the expiration of compulsory measures, obtain bail pending trial, place him under residential surveillance or change compulsory measures according to law. When the statutory time limit for the people's court, the people's procuratorate or the public security organ to take compulsory measures expires, the criminal suspect, the defendant and his legal representative, close relatives or defenders have the right to demand the cancellation of compulsory measures.