The entrusted lawyer has the right to know the charges charged by the criminal suspect from the investigation organ, and can meet the criminal suspect in custody and get information from the criminal suspect. When a lawyer meets a criminal suspect in custody, the investigation organ may send personnel to be present according to the circumstances and needs of the case. When a lawyer meets a criminal suspect in custody in a case involving state secrets, it shall be approved by the investigation organ.
2. "Six Ministries and Forty-eight Articles"
9. "Cases involving state secrets" as stipulated in Article 96 of the Criminal Procedure Law refers to cases involving state secrets, and cannot be identified as cases involving state secrets because the relevant materials and handling opinions in criminal case investigation need to be kept confidential.
10. According to Article 96 of the Criminal Procedure Law, if a criminal suspect hires a lawyer in the investigation stage, he or his relatives may hire him or her on his behalf. If a criminal suspect in custody proposes to hire a lawyer, the detention organ shall promptly convey his request to the relevant investigation organ handling the case, and the investigation organ shall promptly convey his request to the person entrusted by him or his law firm. If a criminal suspect only wants to hire a lawyer, but can't mention the specific object, the investigation organ shall promptly notify the local lawyers association or the judicial administrative organ to recommend a lawyer for him.
1 1. Article 96 of the Criminal Procedure Law stipulates that a lawyer shall obtain permission from the investigation organ when meeting a criminal suspect in custody. For cases that do not involve state secrets, lawyers do not need to be approved to meet criminal suspects. Cases involving state secrets cannot be denied because the investigation process needs to be kept secret. If a lawyer requests to meet with a criminal suspect, he shall arrange a meeting within 48 hours. If a lawyer requests to meet with two or more major and complex criminal suspects such as organizing, leading, participating in underworld organizations, organizing, leading, participating in terrorist activities or smuggling, drug crimes, corruption and bribery crimes, he shall arrange a meeting within five days.
12. Article 96 of the Criminal Procedure Law stipulates that in the investigation stage, lawyers meet with criminal suspects in custody, and the investigation organ may send personnel to be present according to the case and needs. At the stage of examination, prosecution and trial, the case has been investigated, and the people's procuratorate and the people's court are not present when defense lawyers and other defenders meet with the criminal suspects and defendants in custody.
20. Article 52 of the Criminal Procedure Law stipulates: "Criminal suspects and defendants in custody, their legal representatives and close relatives have the right to apply for bail pending trial." Article 96 stipulates: "If a criminal suspect is arrested, the lawyer hired may apply for bail pending trial." If a detained criminal suspect, defendant, his legal representative, near relative or lawyer applies for bail pending trial, the organ that has the right to decide shall give a reply on whether or not to agree within seven days. Those who agree to obtain a guarantor pending trial shall go through the formalities of obtaining a guarantor pending trial according to law; If he does not agree to obtain bail pending trial, he shall inform the applicant and explain the reasons for his disagreement.
3. Provisions on handling criminal cases by public security organs
Article 35 The public security organ shall guarantee the lawyer's practice activities according to law, and guarantee the lawyer to engage in the following businesses in the investigation stage according to law:
(a) to the public security organs to understand the charges of the criminal suspect;
(2) Meeting with the criminal suspect and learning about the case from the criminal suspect;
(3) Providing legal advice, complaints and accusations to criminal suspects;
(4) to apply for bail pending trial for the arrested criminal suspect.
Article 36 The public security organ shall inform the criminal suspect that he has the right to hire a lawyer to provide him with legal advice and represent him in his complaints and accusations, and record them.
Article 37 For cases involving state secrets, the public security organ shall inform the criminal suspect that hiring a lawyer must be approved by the public security organ.
A case involving state secrets refers to a case or a case involving state secrets, which cannot be identified as involving state secrets because the relevant materials and handling opinions in criminal case investigation need to be kept confidential.
Article 38 A criminal suspect may hire a lawyer by himself, and his relatives may also hire a lawyer on his behalf.
A criminal suspect's request to hire a lawyer can be in written form or in oral form. If it is put forward orally, the public security organ shall make a written record, which shall be signed (sealed) by the criminal suspect and fingerprinted.
Article 39 If a criminal suspect in custody proposes to hire a lawyer, the detention center shall promptly convey it to the investigation organ handling the case, and the investigation organ shall promptly convey it to the person entrusted by him or his law firm. If a criminal suspect only asks for a lawyer without mentioning the specific object, the investigation organ shall promptly notify the local lawyers association or the judicial administrative organ to recommend a lawyer for him.
Article 40 A criminal suspect in the same case may not employ the same lawyer.
Article 41 If a criminal suspect or his relatives request to hire a lawyer for a case involving state secrets, the public security organ at or above the county level shall make a decision of approval or disapproval within three days after receiving the application, and notify the criminal suspect or his relatives.
Article 42 When a public security organ discovers a case involving state secrets and the criminal suspect has hired a lawyer, it shall promptly inform the hired lawyer not to participate in litigation activities at the investigation stage and notify the criminal suspect at the same time. If the criminal suspect still insists on employment, it shall be approved by the public security organ.
Article 43 For cases that do not involve state secrets, lawyers do not need to obtain approval when meeting with criminal suspects, and public security organs shall not refuse to approve cases that involve state secrets because of the need for confidentiality in the investigation process.
For cases involving state secrets, if a lawyer requests to meet with a criminal suspect, he shall fill out an application form for meeting with the criminal suspect and obtain approval from the public security organ at or above the county level. If the public security organ does not approve the meeting, it shall explain the reasons to the lawyer.
Article 44 If a lawyer proposes to meet the criminal suspect, the public security organ shall arrange the meeting within 48 hours; For the crime of organizing, leading or participating in underworld organizations, organizing, leading or participating in terrorist activities, or major and complicated crimes such as smuggling, drug crimes, corruption and bribery, the lawyer shall arrange to meet with the criminal suspect within five days.
Article 45 If a lawyer needs to hire an interpreter when meeting a criminal suspect in custody, he shall obtain permission from the public security organ.
Article 46 When a lawyer meets a criminal suspect in custody, the public security organ may send personnel to be present according to the circumstances and needs of the case.
Article 48 If a lawyer meets a criminal suspect in custody and violates the provisions of the law or the meeting place, the on-site police shall stop it and decide to stop the meeting if necessary.
Article 49 If a lawyer violates the relevant provisions in criminal proceedings, the public security organ shall stop it in time and notify the lawyer management department.
4. Rules of Criminal Procedure of People's Procuratorate
Article 145 After interrogating a criminal suspect for the first time or from the date when compulsory measures are taken against the criminal suspect, the procurator shall inform the criminal suspect that he can hire a lawyer to provide legal advice, lodge a complaint or apply for bail pending trial, and record the situation in the record.
Article 146 If a criminal suspect in custody requests to hire a lawyer, the people's procuratorate shall make a written record. Cases that do not involve state secrets shall be handled in accordance with the provisions of Article 147 of these Rules. For cases involving state secrets, the people's procuratorate shall make a decision on whether or not to approve them within three days. If the people's procuratorate makes a decision of disapproval, it shall explain the reasons to the criminal suspect.
During the investigation, the criminal suspect may hire one or two lawyers to provide legal aid.
Article 147 If a criminal suspect in custody hires a lawyer and puts forward a clear name of the law firm or the name of the lawyer directly entrusts him, the people's procuratorate shall promptly transmit the entrusted opinions of the criminal suspect to the law firm; If it is proposed to be hired by relatives and friends, the people's procuratorate shall promptly forward the employment opinions to relatives and friends; If the suspect proposes to hire a lawyer,
However, if there is no specific person to be hired or a person to be hired on his behalf, the people's procuratorate shall notify the local lawyers association or the judicial administrative organ to recommend lawyers for him.
Employment opinions can be put forward in writing or orally. If it is put forward orally, it shall be recorded in the record and signed or sealed by the criminal suspect.
Article 148 A criminal suspect has hired a lawyer, but if the people's procuratorate finds that the case involves state secrets during the investigation, it shall promptly inform the lawyer hired by the criminal suspect to temporarily stop participating in litigation activities and notify the criminal suspect.
Whether to approve the criminal suspect to continue to hire a lawyer shall be governed by the provisions of the first paragraph of Article 146 of these Rules.
Article 149 During the investigation, if a lawyer accepts the entrustment of two or more criminal suspects in the same case to provide legal aid at the same time, the people's procuratorate shall not arrange for a lawyer to meet with the criminal suspect in custody.
Article 150 When an entrusted lawyer meets a criminal suspect in custody, he shall inform the people's procuratorate in advance, and provide the people's procuratorate with the power of attorney of the criminal suspect, the lawyer's practice certificate and the letter of introduction from the law firm.
During the investigation, the investigation department of the people's procuratorate shall handle matters related to entrusting a lawyer to meet with the criminal suspect in custody.
Article 151 If a lawyer proposes to meet a criminal suspect in custody in a case that does not involve state secrets, the people's procuratorate shall arrange a specific time for the meeting within 48 hours; For major and complicated cases involving two or more people, such as corruption and bribery, a meeting can be arranged within five days.
When arranging the meeting time, the people's procuratorate shall decide whether to send personnel to attend according to the circumstances and needs of the case. If it is decided not to send personnel to attend the meeting, it shall issue a certificate of consent to the meeting. When an entrusted lawyer meets a criminal suspect in custody, it shall be agreed by the people's procuratorate or accompanied by the people's procuratorate.
Article 152 If a lawyer proposes to meet a criminal suspect involved in state secrets in custody, the people's procuratorate shall make a decision on whether to authorize a lawyer to meet the criminal suspect in custody within five days according to the circumstances and needs of the case. If the entrusted lawyer is approved to meet the criminal suspect in custody, it shall be handled in accordance with the provisions of Article 151 of these Rules.
Article 153 When an entrusted lawyer meets a criminal suspect in custody, the staff of the procuratorial organ present shall inform him to abide by the regulations of the supervision place and the relevant authorities on the meeting.
When the entrusted lawyer meets the criminal suspect in custody, the staff of the procuratorial organ present can make a record.
Article 154 If a lawyer interrogates a criminal suspect in custody beyond the scope of authorization stipulated in Article 96 of the Criminal Procedure Law, or violates the regulations of the supervision place and the relevant authorities on meeting, the staff of the procuratorial organ present shall have the right to stop or suspend the meeting.
Article 155 When a people's procuratorate discovers that a lawyer has violated laws or relevant regulations in criminal proceedings, it shall stop it in time and inform the relevant lawyer management department of the situation.
Article 156 Cases involving state secrets mentioned in this section refer to cases or cases involving state secrets in nature.
5. Code for Lawyers' Participation in Criminal Proceedings
Article 9 When undertaking criminal litigation business, lawyers may entrust lawyers from different places to investigate and collect evidence on their behalf, or request lawyers from different places to assist in meeting criminal suspects and defendants. Lawyers from different places should support them.
Article 10 A law firm may accept the entrustment of a criminal suspect or defendant or his legal representative, relatives or clients, and may also accept the designation of a people's court to appoint lawyers to provide legal aid or act as defenders for the criminal suspect or defendant; You can accept the entrustment of the victims and their legal representatives or close relatives, the parties involved in incidental civil litigation and their legal representatives, the private prosecutors in private prosecution cases and their legal representatives, and entrust lawyers to act as litigation agents; You can accept the entrustment of the parties to a criminal case and their legal representatives and close relatives, and appoint a lawyer as the agent of the appeal case; You can accept the entrustment of the person who is not prosecuted and his legal representative or close relatives, and entrust a lawyer to appeal on his behalf; After the public security organ and the people's procuratorate make a decision not to file a case or reject the prosecution, they may accept the entrustment of the victim, his legal representative or close relatives and entrust a lawyer to appeal or prosecute on his behalf.
Law firms should try their best to meet the requirements of clients' naming entrustment.
Article 11 A lawyer shall handle the entrustment formalities according to the following circumstances:
(a) to provide legal aid to criminal suspects, it must be after the first interrogation by the investigation organ or the day when compulsory measures are taken;
(2) Acting as a defender after the criminal suspect is examined and prosecuted by the people's procuratorate or the defendant is prosecuted;
(3) Being a victim of a public prosecution case or an agent ad litem of an incidental civil lawsuit, counting from the date when the case is transferred for examination and prosecution;
(4) As a private prosecutor in a private prosecution case, a party to an incidental civil action and their legal representatives, they may accept entrustment at any time;
(5) Having served as a defender or agent ad litem of the second instance after the judgment of the first instance is pronounced;
(6) Acting as an agent in a complaint case must be after the judgment or ruling of the people's court becomes legally effective, or after the public security organ or the people's procuratorate makes a decision to dismiss the case or not to prosecute;
(seven) cases involving state secrets, in the investigation stage to hire a lawyer, must obtain the consent of the investigation organ;
(eight) entrusted by the relatives of the criminal suspect or defendant or other people, it must be confirmed by the criminal suspect or defendant at the meeting.
Article 19 In the investigation stage, after the public security organs, people's procuratorates and other statutory organs conducting investigations (hereinafter referred to as the investigation organs) interrogate the criminal suspect for the first time or take compulsory measures, the law firm may accept the employment of the criminal suspect or his relatives or other persons entrusted by the criminal suspect, and appoint lawyers to provide legal advice to the criminal suspect and act as agents to accuse and expose him. If a criminal suspect is detained, he may apply for bail pending trial. Law firms shall handle the entrustment procedures of criminal suspects or their relatives and friends with reference to Article 13 of this Code.
Article 20 After accepting the entrustment, the lawyer in charge shall get in touch with the investigation organ in time, submit the power of attorney, the letter of introduction from the law firm, and present the lawyer's practice certificate.
Article 21 A lawyer in charge shall know the alleged charges of a criminal suspect from the investigation organ, and put forward specific requirements for meeting the criminal suspect in time.
Article 22 A lawyer may meet a criminal suspect who has not been detained at his residence, unit or law firm. No one else should attend the meeting.
If the criminal suspect is a minor, blind, deaf or dumb, his legal representative or close relatives shall be present.
Article 23 A lawyer does not need approval to meet a criminal suspect who is under residential surveillance.
Twenty-fourth for cases that do not involve state secrets, lawyers do not need approval to meet with criminal suspects in custody. Lawyers have the right to request the investigation organ to arrange a meeting within 48 hours or 5 days in accordance with the provisions of the six central departments. The investigation organ may send personnel to the scene according to the circumstances and needs. If the investigation organ fails to arrange a meeting according to law, the lawyer has the right to report to the relevant departments and ask for correction.
Article 25 When a lawyer meets a criminal suspect in custody in a case involving state secrets, he shall submit a written application to the investigation organ and obtain approval. If the investigation organ does not approve the interview, the lawyer may ask him to issue a written decision. If it is not a case or the nature of the case itself involves state secrets, the lawyer may file a reconsideration or report to the relevant department.
Article 26 When meeting a criminal suspect in custody, a lawyer shall carry the following documents:
(a) a special letter of introduction issued by the law firm to meet the criminal suspect;
(2) the lawyer's own lawyer's practice certificate;
(3) Power of attorney signed by the client.
Article 27 When a lawyer meets a criminal suspect in custody, he shall ask whether he agrees to hire the lawyer. If you agree, you should ask him to sign the power of attorney. If you don't agree, you should record it and sign it.
Article 28 When meeting a criminal suspect, a lawyer may ask him about the case, including the following contents:
(a) the natural situation of the criminal suspect;
(two) whether and how to participate in the suspected case;
(3) If guilty, state the main facts and circumstances related to conviction and sentencing;
(four) if you think you are innocent, state the plea of innocence;
(5) Whether the legal procedures for compulsory measures are complete and legal;
(six) whether their personal rights and litigation rights have been violated after taking compulsory measures;
(seven) other information that needs to be known.
Article 29 When meeting a criminal suspect, a lawyer shall abide by the relevant provisions of the detention place according to law, and shall not deliver articles or letters to the criminal suspect, lend the criminal suspect communication tools or engage in other illegal activities.
Thirtieth after the meeting, the lawyer shall go through the formalities of handing over the criminal suspect to the detention place.
Article 31 When a lawyer meets with a criminal suspect, he shall make an interview record and submit it to the criminal suspect for reading or reading. If there are omissions or errors in the records, the criminal suspect shall be allowed to supplement or correct them. After confirmation, the suspect is required to sign the record.
When a lawyer meets a criminal suspect, he can record, video and take photos. But the consent of the criminal suspect should be obtained in advance.
If the investigation organ sends personnel to attend the meeting, it shall indicate it in the record.
Article 32 A lawyer may, according to the circumstances and needs of the case, decide the time and frequency of meeting with the criminal suspect in custody, and ask the investigation organ to make arrangements. Lawyers are not subject to illegal interference when meeting criminal suspects.
Article 33 When meeting a criminal suspect, a lawyer may provide him with legal advice, including the following contents:
(a) the legal provisions on the conditions, duration and application procedures of compulsory measures;
(two) the legal provisions for the withdrawal of investigators, prosecutors and judges;
(3) A criminal suspect has the obligation to truthfully answer questions raised by investigators and has the right to refuse to answer questions irrelevant to the case;
(4) A criminal suspect has the right to request to write his own confession, the right to check, supplement, correct and supplement the interrogation record made by investigators, and the obligation to sign or seal the record after admitting that it is correct;
(5) The criminal suspect has the right to request the investigation organ to inform him of the expert conclusion used as evidence, and to apply for supplementary expert evaluation or re-expert evaluation;
(6) The right of defense enjoyed by the criminal suspect;
(7) The right of appeal and accusation enjoyed by criminal suspects;
(eight) the relevant provisions of the criminal law on the charges suspected by the criminal suspect;
(nine) the relevant provisions of the criminal law on surrender and meritorious service;
(10) Legal provisions on the investigation and jurisdiction of criminal cases;
(eleven) other relevant legal issues.
Article 34 A lawyer may apply for bail pending trial for the detained criminal suspect on his own initiative if he finds that the following conditions are met after learning from the investigation organ about the charges charged by the criminal suspect and meeting with the criminal suspect:
(1) The circumstances involved by the criminal suspect conform to the provisions of Article 51 of the Criminal Procedure Law;
(2) The criminal suspect is seriously ill;
(3) The criminal suspect is pregnant or breastfeeding his own baby;
(4) The detention or arrest measures taken by the investigation organ against the criminal suspect exceed the statutory time limit;
(5) Other conditions stipulated by law for obtaining bail pending trial.
Article 35 A criminal suspect in custody, his legal representative and his near relatives require a lawyer to apply for bail for the criminal suspect pending trial. If the lawyer in charge thinks that he meets the conditions for obtaining a bail pending trial, he may apply for obtaining a bail pending trial for him, or assist him to apply directly to the investigation organ for obtaining a bail pending trial.
Article 36 When a lawyer applies for obtaining a guarantor pending trial, he shall submit an application for obtaining a guarantor pending trial to the relevant authorities. The application shall specify the name of the law firm, the name of the lawyer, the mailing address and contact information, the facts and reasons for the application, and the guarantee method.
A lawyer may not act as a guarantor for a criminal suspect.
Article 37 After applying for bail pending trial for a detained criminal suspect, a lawyer may request the investigation organ to give a reply of approval or disapproval within seven days. 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.
Article 38 A lawyer may, on the basis of the charges accused by a criminal suspect and the case information learned from the investigation organ, accept the entrustment of the criminal suspect and lodge a complaint with the relevant organ on his behalf, requesting correction.
Article 39 According to the case information and other relevant evidential materials obtained from the criminal suspect, a lawyer may accept the entrustment of the criminal suspect and lodge a complaint with the relevant department on his behalf if he believes that the investigators have violated the legal provisions in handling the case and infringed the personal rights, litigation rights or other legitimate rights and interests of the criminal suspect, or that the investigation organ has improper jurisdiction.