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.
During the investigation of the case, only the defender can meet the detainees, and the requirements for meeting are as follows:
(1), defense lawyers can meet and communicate with criminal suspects and defendants in custody;
(2) 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.
What problems should lawyers pay attention to when meeting the defendant?
1, certified by law firm
In practice, the versions of this document mainly include the special letter of introduction for lawyers to meet with criminal suspects and defendants in custody (hereinafter referred to as the letter of introduction), the official letter of meeting with criminal suspects and defendants in custody (hereinafter referred to as the official letter) and the certificate of lawyers meeting with criminal suspects and defendants in custody (hereinafter referred to as the certificate). Some lawyers believe that the above three letters have the same meaning and function.
2. Power of attorney
If there is no criminal suspect or defendant's entrustment, the power of attorney shall be accompanied by the certificate of the relationship between the client and the detainee and the identity certificate of the client. The relationship certificate proves that the client has the right to entrust a defense lawyer for the detainee, and the client's identity certificate is used to prove that the entrustment is his own behavior. Criminal defense lawyers should have a high sense of evidence and be fully aware and prepared for the above materials.
You need to provide your lawyer's ID card.
4. Problems that can't be met due to fee changes.
In the course of criminal proceedings, it is possible to change the charges involved when approving arrest or transfer for review and prosecution. At this time, lawyers may encounter letters of introduction or power of attorney for the original fees, and may encounter "behind closed doors". Because the change of charges often occurs at the litigation stage and when the case-handling department changes, such as when the investigation ends and the case-handling department is transferred to the detention center for review and prosecution, at this time, the case-handling department will submit the Custody Exchange Certificate, which will indicate the name of the suspect or defendant and the accused charges, and this document will also be saved in the computer system of the detention center.
Legal basis:
Criminal Procedure Law of the People's Republic of China
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.