According to the provisions of China's criminal procedure law, a criminal suspect can entrust a lawyer to represent the case when he is interrogated for the first time, so he can entrust a lawyer at the stage of examination and prosecution.
Criminal Procedure Law of the People's Republic of China
Article 33 A criminal suspect has the right to entrust a defender from the day when he is interrogated for the first time by the investigation organ or compulsory measures are taken. During the investigation, only lawyers can be entrusted as defenders. The defendant has the right to entrust a defender at any time.
When interrogating a criminal suspect for the first time or taking compulsory measures against him, the investigation organ shall inform him that he has the right to entrust a defender. The people's procuratorate shall, within three days from the date of receiving the case materials transferred for examination and prosecution, inform the criminal suspect that he has the right to entrust a defender. The people's court shall, within three days from the date of accepting the case, inform the defendant of the right to entrust a defender. If a criminal suspect or defendant requests to entrust a defender while in custody, the people's court, the people's procuratorate and the public security organ shall promptly convey it.
If a criminal suspect or defendant is in custody, his guardian or near relative may also entrust a defender.
After accepting the entrustment of a criminal suspect or defendant, the defender shall promptly inform the case-handling organ.
Second, what should I pay attention to when entrusting a lawyer?
1, carefully check the lawyer's practice certificate and log on to the website of the local bar association to check the authenticity.
2. Check the legal professional qualification certificate. Legal professional qualification certificates are divided into Class A, Class B and Class C certificates, which are classified as driver's licenses. The category of qualification certificate reflects the scope and level of lawyer's practice.
3. Go through the entrustment formalities and sign the entrustment contract.
5. Issue a power of attorney.
6. Entrust online as much as possible, and use modern communication tools, such as QQ, WeChat, mail and express delivery, to avoid running around, wasting your time, energy and money and improving efficiency. For example, in an economic case, the fee for entrusting a lawyer is 5000 yuan. If you are allowed to run around, the travel expenses will be more than 1000 yuan, which will delay your work, waste 2000 yuan and increase your expenses invisibly.
7. Bring your own identity information, such as ID card, residence permit, marriage certificate, household registration book and other copies, and keep the original for yourself to avoid losing it. Different cases have different requirements, so you should consult a lawyer before entrusting.
Third, the prosecution procedure of the procuratorate.
According to the relevant provisions of the Criminal Procedure Law and the Criminal Procedure Rules of the People's Procuratorate. The process of the people's procuratorate's examination and prosecution is roughly as follows:
(1) Examining and accepting cases transferred by investigation organs for examination and prosecution;
(2) If the evidence or other materials are insufficient, supplementary materials or supplementary investigations are needed;
(three) for the case under review, according to different circumstances, make a decision on whether to prosecute.
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