Why should the defender inform the case-handling organ in time after accepting the entrustment?
Article 33 of the Amendment to the Criminal Procedure Law stipulates: "After accepting the entrustment of a criminal suspect or defendant, the defender shall promptly inform the case-handling organ". Handling organs include investigation organs, procuratorial organs and judicial organs. This provision strengthens the subjectivity and initiative of defenders. The defender changed from passive inspection to active notification. This also shows that the criminal case-handling organs no longer exclude defenders from the initiative circle of criminal proceedings, but include defenders in the initiative group of criminal proceedings. It is a way for defenders to cooperate with the work of the case-handling organs. It also promotes mutual respect between defenders and case-handling organs, which is more conducive to the establishment of legal entities. First, the investigation stage. The defender in the investigation stage can only be a defense lawyer. In order to find out the facts of the case, the investigation organ usually takes coercive measures such as detention and arrest. In the process of application, these coercive measures often involve infringing on the legitimate rights and interests of criminal suspects. If there is a defense lawyer, the case-handling organ may notify the defense lawyer and let the defense lawyer be present. Defense lawyers can also ask the investigation organ to collect some evidence that the investigation organ failed to collect in time to prevent the loss and loss of physical evidence and evidence. The criminal suspect entrusts a defense lawyer without informing the investigation organ, and the investigation organ has no way of knowing, which is not convenient for serving documents and mediation; If the defense lawyer informs the investigation organ in time, the investigation organ can directly contact the defense lawyer to serve some documents to the relatives of the criminal suspect and inform their relatives to carry out mediation and other activities. This greatly improves the efficiency of handling cases, and also helps defense lawyers to fully exercise their right of defense and participate in the trial of cases throughout the process, which is more conducive to understanding the case and better safeguarding the legitimate rights of criminal suspects. Second, the review and prosecution stage. In the stage of examination and prosecution, procuratorial organs can also mediate on issues related to civil compensation. Defenders play a very important role in the stage of examination and prosecution. They can not only participate in the mediation process and promote mediation, but also enrich and supplement the evidence of conviction and sentencing, and even ask the case-handling organ to supplement it. In particular, some easily lost evidence needs to be collected in time, which plays a vital role in the whole case. Defenders can put forward defense opinions, which is conducive to the procuratorial organs' understanding and characterization of the case. If the criminal suspect has not hired a defender, or if he has hired a defender, he has not informed the case-handling organ in time, and the case-handling organ can understand the situation and make a qualitative analysis based on the existing evidence. Third, the trial stage. In the trial stage, the role of the defender is very critical, which has an important impact on safeguarding the procedural rights and substantive rights of the defendant. After accepting the entrustment of the client, the defender fails to inform the case-handling judge of the case-handling organ in time. The judge handling the case may think that the defendant has not entrusted a defender, but has arranged a trial or completed the trial, and even issued a judgment. If the defender suddenly puts forward at this time, the case-handling organ fails to inform the defender to consult the case file and hold a trial in time, which will inevitably lead to unnecessary disputes. And it is not conducive to the defender to read the case file in detail and study the legal issues related to the case. Especially in the case that the defendant is a minor and needs legal aid, because it is not known in advance whether the defendant has entrusted a defender, the case-handling judge can appoint a lawyer for the defendant. After the lawyer was appointed, the defender suddenly appeared, which caused trouble at work and wasted resources, which was not conducive to the normal proceedings. At the same time, the defender can obtain evidence, only what kind of evidence the defender thinks needs to be added after consulting the case file. It will take some time to complete the supplement of some evidence. If the defender did not inform the judicial organ in time that he had accepted the entrustment, but hastily consulted the case file before the trial, it is obviously not conducive to the defender's comprehensive understanding of the case and the exercise of his right to defense; The realization of the right of defense requires the defender to inform the case-handling organ in time that he has accepted the entrustment and authorization. There are strict time limits for self-investigation, private prosecution and self-examination of criminal cases. Only when the relevant subjects exercise their rights and functions in strict accordance with the procedures prescribed by law can the whole criminal procedure proceed smoothly.