If the detained party is transferred to the People's Procuratorate for examination and prosecution because of a suspected crime, the lawyer may meet and accept the entrusted defense according to the provisions of the Criminal Procedure Law.
Legal basis:
Article 45 of the Supervision Law of People's Republic of China (PRC) * * * According to the results of the supervision investigation, the supervisory organ shall make the following treatment according to law:
(1) To remind, criticize and educate, order inspection or admonish public officials who have committed illegal acts in their posts but the circumstances are relatively minor, directly or by entrusting relevant organs and personnel according to their management authority;
(two) according to legal procedures for illegal public officials to make warning, demerit, demerit, demotion, dismissal, dismissal and other administrative sanctions;
(three) leaders who are responsible for failing to perform or not performing their duties correctly make accountability decisions directly in accordance with the management authority, or put forward accountability suggestions to the organs that have the right to make accountability decisions;
(4) If, after investigation, the supervisory organ finds that the facts of the crime are clear and the evidence is true and sufficient, it shall make a prosecution opinion and transfer it to the people's procuratorate for examination and prosecution together with the case files and evidence;
(five) to put forward supervision suggestions on the problems existing in the construction of a clean government and the performance of duties in the unit where the object of supervision is located.
If, after investigation, the supervisory organ has no evidence to prove that the person under investigation has committed illegal and criminal acts, it shall dismiss the case and notify the unit to which the person under investigation belongs.
Article 39 of the Criminal Procedure Law of People's Republic of China (PRC) * * * Defence lawyers may 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.
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 learn about the case, provide legal advice and verify relevant evidence from the date when the case is transferred for examination and prosecution. 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.