First, can lawyers apply for investigation at the stage of examination and prosecution?
Yes, if it is necessary to investigate and collect evidence, the lawyer should suggest the procuratorial organ to collect evidence or supplement the investigation at the stage of examination and prosecution.
(A) the lawyer's intervention time
From the date when the case is transferred to the procuratorate for examination and prosecution, a lawyer may be hired to provide defense.
(2) Lawyers handle cases.
1. The law firm and the client signed an entrustment agreement in duplicate, one for the client and one for the law firm to file;
2, the client signed the "power of attorney" in triplicate, one for the handling organ, one for the contractor and one for the client;
3, the law firm lawyers according to the official letter, sent by the lawyer to the case handling organ.
Second, contact with the public prosecution.
1. After accepting the entrustment, the undertaking lawyer shall contact the public prosecution agency in time, submit the power of attorney, the letter from the law firm and present the lawyer's practice certificate.
2. The defense lawyer has the right to consult, extract and copy the litigation documents and technical appraisal materials in this case.
Three. Meetings and communications
(1) At the stage of examination and prosecution, the defense lawyer can meet the criminal suspect at any time without the approval of the procuratorate.
(2) A defense lawyer may correspond with a criminal suspect, but the content shall be related to the case.
(3) When a lawyer meets with a criminal suspect, he may ask questions about the following cases:
1, the natural situation of the suspect;
2. Whether to participate and how to participate in the suspected case;
3. The main facts and circumstances involved in conviction and sentencing or plea of innocence;
4. Whether the procedures for taking compulsory measures are legal, whether the procedures are complete, and whether personal rights and litigation rights are violated;
5 whether there are other illegal acts in the investigation activities;
6. Other information you need to know.
(4) Lawyers provide the following legal aid to criminal suspects:
1. Legal provisions on the conditions, duration and application procedures of compulsory measures;
2, the relevant investigators, prosecutors and judges to avoid the legal provisions;
3. The criminal suspect has the obligation to truthfully answer the investigators' questions and has the right to refuse to answer questions irrelevant to the case in time;
4. The right of criminal suspects to write their own confessions, the right to check, supplement, correct and supplement the interrogation transcripts made by investigators, and the obligation to sign or seal the transcripts after admitting that they are correct.
5. The criminal suspect has the right to ask the investigation organ to inform him of the appraisal conclusion used as evidence, and apply for supplementary appraisal or re-appraisal;
6. The criminal suspect's right to defense;
7. The right of appeal and accusation of criminal suspects;
8, the relevant provisions of the criminal law on criminal suspects suspected of crimes;
9, criminal law on surrender, meritorious service and other relevant provisions;
10, legal provisions on the jurisdiction of criminal cases;
1 1, other related legal issues.
Four, the criminal suspect to apply for bail pending trial.
(1) A lawyer may apply for bail pending trial if he believes that a criminal suspect in custody meets one of the following conditions:
1, the criminal suspect involved conforms to the provisions of Article 51 of the Criminal Procedure Law;
2. The suspect suffers from a serious illness;
3. The criminal suspect is pregnant or nursing a baby;
4. The detention measures taken by the investigation organ against the criminal suspect exceed the statutory time limit;
5. Meet other conditions stipulated by law for obtaining a guarantor pending trial.
(2) A criminal suspect in custody or his legal representative or near relative requests a lawyer to apply for bail pending trial for the criminal suspect. If the lawyer considers that the legal conditions are met, he may apply for bail pending trial on his behalf.
(3) Where a lawyer applies for obtaining a guarantor pending trial for a criminal suspect, he shall apply to the relevant authorities. The application shall specify the facts, reasons and guarantee methods of the application, and indicate the name of the law firm, lawyer's name, mailing address and contact information, etc.
(4) After applying for bail for a criminal suspect in custody, a lawyer shall, within seven days, request the public prosecution organ to give a reply of approval or disapproval. For those who do not agree to obtain bail pending trial, lawyers have the right to ask them to explain the reasons for their disagreement, and may file a reconsideration or report to the relevant departments.
Verb (abbreviation for verb) represents complaints and accusations.
1. After understanding the case, if the lawyer thinks that the criminal suspect does not constitute a crime, is suspected of improper charges or does not belong to the investigation of criminal responsibility as stipulated in Article 15 of the Criminal Procedure Law, he can represent the criminal suspect to lodge a complaint with the relevant authorities and ask for correction.
2. Lawyers may appeal to the relevant departments on behalf of the criminal suspect if they find that the investigation organ has violated the personal rights, litigation rights or other legitimate rights and interests of the criminal suspect, or found illegal acts such as improper jurisdiction, illegal search and seizure.
Six, investigation and collection of relevant materials of the case
1. The defense lawyer may collect materials related to the case from the victim or his close relatives or witnesses provided by the victim.
2. The defense lawyer may collect materials related to this case from other witnesses or units.
3. Defense lawyers can make audio and video recordings when investigating and collecting case materials.
4. When defense lawyers think it necessary, they may also apply to the People's Procuratorate for collecting and obtaining evidence.
Seven. Put forward defense or agency opinions.
1. Lawyers, as defenders and agents ad litem, can put forward defense and agency opinions to the people's procuratorate in this case according to the provisions of Article 139 of the Criminal Procedure Law.
2. If the 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 the release of the criminal suspect according to law or change the compulsory measures into bail pending trial or residential surveillance.
3. 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.
4. 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 on his behalf after the person who is not prosecuted receives the decision not to prosecute.
5. If the victim refuses to accept the decision made by the people's procuratorate not to prosecute, the attorney may appeal to the people's procuratorate at the next higher level within seven days after the victim receives the decision. After the complaint is rejected, it may bring a lawsuit to the people's court on its behalf. You can also directly represent him to the people's court without appealing.
To sum up, in the stage of review and prosecution, lawyers need to go through the corresponding case acceptance procedures after accepting the entrustment. Of course, if it is necessary to investigate and collect evidence from the case, the lawyer can also apply to the procuratorate for obtaining relevant evidence or applying for supplementary investigation. The defense lawyer can meet the suspect at any time, but the communication content must be related to the case.