In criminal proceedings, lawyers can be entrusted in four stages: investigation, prosecution, trial and appeal, and provide legal help, defense and appeal for criminal suspects and defendants. Then, in the eyes of ordinary people, criminal suspects and defendants should be in the trial stage, and through the eloquent speech in the lawyer's court, the defendant can be innocent, guilty or relieved of criminal responsibility. In fact, this is a prejudice and misunderstanding. Before working as a full-time lawyer, he served as the detachment leader of economic investigation and criminal investigation. He has more than 20 years of experience in criminal investigation, and knows well the working methods and ideas of the case-handling (investigation) organs, as well as the procedures and channels for obtaining evidence. According to the practical work experience, from the perspective of "expert" and "professional", the author thinks that the best time for lawyers to intervene in criminal proceedings should be in the investigation stage, especially on the day when criminal suspects are questioned for the first time or compulsory measures are taken, and the sooner they play their role, the better. The hardest part is actually in the beginning Only when a criminal suspect hires an entrusted lawyer in the investigation stage can he get timely and effective legal help, exercise the rights conferred by law and lay a solid foundation for the lawyer's later defense work.
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.
Derivative problem:
What is the role of lawyers in the investigation stage?
1. Lawyers can meet with criminal suspects, inform their families of their concerns, ease the anxiety of criminal suspects and give psychological comfort. At the beginning of restricting personal freedom, many people's living environment, social status and psychological pressure suddenly changed, which many people could not bear. Things that should not have happened under poverty. 2. When a lawyer meets a criminal suspect, he can explain the accused charges and relevant legal knowledge to the criminal suspect. Let the suspect have a clear understanding of the difficulties he faces and know what to do and what not to do. 3. When a lawyer meets a criminal suspect, he can learn from the criminal suspect whether he is innocent or guilty, and help to do some work of fixing strong evidence to prepare for a successful defense in the future. Evidence is in danger of being lost at any time, and a temporary negligence may lead to never obtaining favorable evidence. 4. Lawyers can avoid extorting confessions by torture to the greatest extent when meeting with criminal suspects. Although the legal environment in our country is improving day by day, the phenomenon of extorting confessions by torture still occurs from time to time, and even the tragedy of extorting confessions by torture and maiming to death appears. If extorting a confession by torture, lawyers can lodge complaints and accusations on behalf of the criminal suspect, thus effectively reducing the occurrence of this situation. By meeting with the criminal suspect, the lawyer can help the criminal suspect correctly understand his behavior, so as to get the opportunity to make meritorious service and reduce the punishment. 6. In the investigation stage, lawyers can help criminal suspects to apply for bail pending trial according to the case, which can resolve the crisis well; 7. With the revision of the Criminal Procedure Law, lawyers will also increase on-site work to better protect the legitimate rights and interests of criminal suspects.