First, can lawyers look at the evidence during the review and prosecution stage?
1, consult, extract and copy the relevant materials of the case.
The entrusted lawyer has the right to consult, extract and copy the litigation documents and files related to the case from the date of examination and prosecution of the case. Materials extracted and copied by lawyers shall be kept confidential and properly kept.
2. Meetings and communications
In the stage of examination and prosecution, defense lawyers do not need the approval of the procuratorate to meet criminal suspects, and the procuratorate may not send personnel to meet at the scene. The defense lawyer communicates with the criminal suspect, but the content shall not mention to the criminal suspect the information of the co-suspect and his relatives and friends that may hinder the investigation.
3, investigate and collect relevant materials of the case
With my consent, the defense lawyer may collect materials related to the case from the victim or his close relatives or witnesses provided by the victim, but he shall apply in writing to the people's procuratorate for approval in advance.
Lawyers may collect materials related to the case from witnesses or other units and individuals, but they shall obtain their consent in advance and record them in the investigation record. Lawyers can make audio and video recordings when investigating and collecting case materials. Audio and video recording of the respondent shall obtain the consent of the respondent. In the stage of examination and prosecution, defense lawyers may apply to the people's procuratorate for collecting and obtaining evidence when they think it necessary.
Step 4 present a defense opinion
Lawyers, as defenders and agents ad litem, can defend this case to the people's procuratorate in accordance with the provisions of Article 139 of the Criminal Procedure Law.
If a criminal suspect is detained for an extended period of time at the stage of examination and prosecution, the defense lawyer has the right to demand that the criminal suspect be released according to law or change the compulsory measures into bail pending trial or residential surveillance. If the criminal suspect's personal rights are violated or his personality is insulted, the defense lawyer has the right to appeal on his behalf. If the people's procuratorate makes a decision not to prosecute and the person who is not prosecuted refuses to accept the appeal, the defense lawyer may appeal to the people's procuratorate on his behalf after the person who is not prosecuted receives the decision not to prosecute.
Second, review the time limit for prosecution
Article 169 of the Criminal Procedure Law stipulates that the people's procuratorate shall make a decision within 1 month on the case transferred for prosecution by the investigation organ, and the major and complicated case may be extended by half a month. If the people's procuratorate examines and prosecutes a case and changes its jurisdiction, the time limit for examination and prosecution shall be counted from the date when the changed people's procuratorate receives the case. This article clearly stipulates the time limit for examination and prosecution and the calculation of the time limit for examination and prosecution after changing jurisdiction. This provision is a summary of long-term review and prosecution experience, which meets the requirements of accurate and timely handling of cases. According to the third paragraph of Article 171 of the Criminal Procedure Law, after the supplementary investigation is terminated and transferred to the people's procuratorate, the time limit for examination and prosecution by the people's procuratorate is recalculated. The above-mentioned time limit for examination and prosecution is for cases in which criminal suspects are detained. In practice, the people's procuratorate is not limited by the time limit of 1 to 1 half a month, and can close the case within 1 to 1 half a month or beyond this time limit. However, the principle of speed and timeliness must be implemented continuously. In addition, in the process of examination and prosecution, if the criminal suspect is at large, the people's procuratorate shall suspend the examination, make a wanted decision in accordance with the relevant provisions of the Criminal Procedure Law, and notify the investigation organ to implement it. * * * If some suspects of the same crime are at large, the examination of the fugitive suspects will be suspended, and the examination and prosecution of other suspects will be carried out as usual. To suspend the examination, the person in charge of the examination and prosecution department shall put forward opinions and report them to the chief procurator for decision. The time to suspend the review is not included in the review and prosecution period.
After examination, the people's procuratorate shall, according to the different circumstances of the case, make a decision to prosecute or not to prosecute according to law.
When the procuratorate accepts a case submitted by the public security organ, it will decide whether to file a lawsuit after re-investigation. If the evidence is sufficient, a request for public prosecution will also be filed within two months. At the same time, the law also stipulates that the defendant can defend himself through a lawyer during this period, and at the same time, he can consult and investigate the evidence of the case when defending.