1. After a criminal case is put on file, the criminal suspect may hire a lawyer to provide legal assistance from the day when he is interrogated for the first time by the investigation organ or compulsory measures are taken. In order to fully protect this right of criminal suspects, investigators should inform criminal suspects that they have the right to entrust lawyers during interrogation. Detention is a compulsory measure, so once detained, you can seek help from a lawyer as soon as possible.
2. In cases of crimes endangering national security, terrorist activities and particularly serious bribery crimes, defense lawyers shall obtain permission from the investigation organ when meeting with criminal suspects in custody during the investigation.
Detention is detention, detention. Generally, it can be divided into criminal detention, administrative detention and civil detention. Among them, criminal detention is a compulsory measure in criminal proceedings; Administrative detention belongs to public security administrative punishment; Civil detention is a kind of judicial administrative treatment and a compulsory measure in civil litigation. The applicable basis of criminal detention is the Criminal Procedure Law and the Regulations on Arrest and Detention. The applicable basis of administrative detention is the Law of People's Republic of China (PRC) on Public Security Administration Punishment. The applicable basis of civil detention is the Civil Procedure Law.
When the public security organ carries out detention, it must show the detention certificate and order the detained person to sign (seal) the detention certificate and press the fingerprint. Refuse to sign (seal) or fingerprint, the person who executes the detention shall indicate it. If the detainee resists detention, the executor has the right to use coercive means, including the use of coercive means.
After detention, the detained person shall be immediately sent to the detention center for custody, and no later than 24 hours. The family members of the detainee shall be notified within 24 hours after detention, except in cases where it is impossible to notify or the notification of suspected crimes endangering national security or terrorist activities may hinder the investigation. After the circumstances that hinder the investigation disappear, the family members of the detained person shall be notified immediately. The so-called "situation that hinders investigation" refers to:
1, which may destroy or falsify evidence, interfere with witness testimony or collude;
2. It may cause the accomplice to escape and hinder the investigation;
3. The family of the suspect participated in the crime. In case of the above-mentioned circumstances, no notice may be given, but once the above-mentioned circumstances are eliminated, the family members of the detained person or their units shall be notified immediately.
The public security organ and other specialized organs shall interrogate the detained person within 24 hours after detention. In the process of interrogation, if it is found that it should not be detained, it must be released immediately and a release certificate should be issued; Those who need to be arrested but have insufficient evidence may be released on bail pending trial or under residential surveillance.
Detention in criminal proceedings is a compulsory method for public security organs and people's procuratorates to temporarily deprive criminals or major suspects of their personal freedom in case of legal emergency during investigation.
Detention has the following characteristics:
1. The organ that has the right to decide the use of detention is generally the public security organ. In self-investigation cases, people's procuratorates also have the right to detain criminal suspects who attempt to commit suicide, escape or escape after committing a crime, and who may destroy, falsify evidence or collude with confessions. The court has the right to decide. If a party or other person commits one of the following acts, the people's court may impose a fine or detention according to the seriousness of the case; If a crime is constituted, criminal responsibility shall be investigated according to law. No matter the detention decided by the public security organ, the detention decided by the people's procuratorate or the judicial custody decided by the people's court, it must be executed by the public security organ.
2. Detention can only be used in emergencies. Only in an emergency, if it is too late to go through the arrest procedures and it is necessary to deprive criminals or major suspects of their personal freedom immediately, can they be detained; If there is no emergency and the public security organ and the people's procuratorate have time to go through the arrest procedures, they may not be detained first.
3. Detention is a compulsory measure to deprive citizens of their freedom. Compared with summons, bail pending trial and residential surveillance, detention is characterized by complete deprivation of citizens' personal freedom, not restriction. As far as deprivation of civil liberties is concerned, detention is similar to arrest, both of which belong to detention and can only be used when it is really needed.
4. Detention is a temporary measure. If the detention period is short, with the progress of the lawsuit, the detention should be changed in time, or changed to arrest, or changed to bail pending trial or residential surveillance, or the detainee should be released.
5. The object of detention is specific. It can only be applied to cases strictly stipulated by law.
Legal basis:
Criminal Procedure Law of the People's Republic of China
Article 34 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.
People's Republic of China (PRC) Lawyers Law
Article 28 A lawyer may engage in the following businesses:
(a) to accept the entrustment of natural persons, legal persons or other organizations as legal advisers;
(two) to accept the entrustment of the parties in civil cases and administrative cases, to act as agents and to participate in litigation;
(3) Accepting the entrustment of criminal suspects and defendants in criminal cases or legal aid agencies to act as defenders according to law, accepting the entrustment of private prosecutors in private prosecution cases, victims in public prosecution cases or their close relatives to participate in litigation as agents;
(four) to accept the entrustment and represent the complaints of various litigation cases;
(five) to accept the entrustment and participate in mediation and arbitration activities;
(6) Accepting entrustment to provide non-litigation legal services;
(seven) to answer questions about the law and write litigation documents and other documents related to legal affairs.
Article 29 As a legal adviser, a lawyer shall, in accordance with the agreement, provide advice to the client on relevant legal issues, draft and review legal documents, participate in litigation, mediation or arbitration activities as an agent, handle other legal affairs entrusted, and safeguard the legitimate rights and interests of the client.