1, which can provide legal help for criminal suspects;
2. Acting as an agent for complaints and accusations;
3. Apply for changing compulsory measures;
4, to the investigation organ to understand the criminal suspect accused of crimes and the relevant situation of the case, put forward opinions;
5. You can meet and correspond with criminal suspects and defendants in custody.
In the investigation stage, the criminal suspect can hire a lawyer to provide him with legal help. The lawyer hired by the criminal suspect in the investigation stage mainly performs three duties:
The first is to provide legal advice to criminal suspects to help them understand relevant legal provisions and explain relevant legal issues. Legal advice provided by lawyers cannot be understood as merely reading out the legal provisions or explaining the legal provisions themselves, nor can it be understood as merely answering legal questions raised by criminal suspects. Lawyers have the responsibility to help legal issues related to criminal suspects, whether or not they are raised with lawyers, such as informing them of their due litigation rights and related legal responsibilities.
Second, acting as an agent to appeal and accuse, acting as an agent for criminal suspects to tell grievances to relevant departments, defend themselves, and accuse investigators and other relevant personnel of infringing the legitimate rights of criminal suspects. Lawyers need the consent of the criminal suspect to represent the accusation and accusation. However, if the criminal suspect is unable to complain or accuse because of serious illness, or is afraid to complain or accuse because of being threatened, the lawyer can also take the initiative to complain and accuse to safeguard the legitimate rights and interests of the criminal suspect.
Third, if the suspect is arrested, the lawyer can apply for bail pending trial.
In the investigation stage, lawyers provide legal aid to criminal suspects and enjoy corresponding litigation rights according to law.
legal ground
Criminal Procedure Law of the People's Republic of China
Article 38 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 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 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.