Provisions on criminal proceedings in the Interpretation of Procedures for Handling Criminal Cases by Public Security Organs

Legal analysis: This content is mainly stipulated in Chapter IV of the Procedures for Handling Criminal Cases by Public Security Organs, including the protection of professional activities of defense lawyers, the protection of the legitimate rights and interests of criminal suspects, matters related to investigation and the responsibility of relevant personnel for illegal acts in the whole case.

Legal basis: Provisions on Procedures of Public Security Organs Handling Criminal Cases

Article 43 When interrogating a criminal suspect for the first time or taking compulsory measures against him, the public security organ shall inform the criminal suspect that he has the right to entrust a lawyer as a defender, and inform him that if he fails to entrust a defense lawyer due to financial difficulties or other reasons, he may apply for legal aid from a legal aid institution. Information should be recorded.

If a criminal suspect in the same case entrusts the same defense lawyer, or if two or more criminal suspects who are not involved in the case but commit a crime entrust the same defense lawyer, the public security organ shall require them to change their defense lawyers.

Article 44 A criminal suspect may entrust a defense lawyer by himself. If a criminal suspect is in custody, his guardian or close relatives may also entrust a defense lawyer to defend him on his behalf.

The request of a criminal suspect to entrust a defense lawyer may be in writing or orally. If it is put forward orally, the public security organ shall make a written record, which shall be signed by the criminal suspect and fingerprinted.

Article 45 If a criminal suspect in custody requests the detention center to entrust a defense lawyer, the detention center shall promptly convey it to the case-handling department, which shall promptly convey it to the defense lawyer or law firm entrusted by the criminal suspect.

If the criminal suspect in custody only asks to entrust a defense lawyer, but can't mention the specific object, the case-handling department shall promptly notify the guardian and close relatives of the criminal suspect to entrust a defense lawyer on his behalf. If the criminal suspect has no guardian or close relative, the case-handling department shall promptly notify the local lawyers association or the judicial administrative organ to recommend a defense lawyer for him.