Criminal procedure laws and regulations:
1. The appointed defense lawyer may consult, extract and copy the case file materials from the date when the people's procuratorate examines and prosecutes the case.
2. According to the relevant regulations, Article 40 Since the people's procuratorate examines and prosecutes the case, the defense lawyer may consult, extract and copy the case file. Other defenders may also consult, extract and copy the above materials with the permission of the people's court or the people's procuratorate.
Article 41 Defenders who believe that the evidence materials collected by public security organs and people's procuratorates to prove the innocence or minor crimes of criminal suspects and defendants have not been submitted have the right to apply to the people's procuratorates and people's courts for retrieval.
The role of lawyers in meeting criminal suspects at different stages
3, in the investigation stage, the role of lawyers meeting with criminal suspects mainly includes:
You can learn the most real case.
Provide legal assistance to criminal suspects directly through interviews.
Through interviews, we can know what evidence the investigation organ has, and finally determine the focus of investigation and evidence collection.
Submit legal opinions to the investigation organ.
Apply for bail pending trial for criminal suspects.
4, in the stage of examination and prosecution, the role of teachers meeting with criminal suspects mainly includes:
Inquire about the facts of the case and listen to the statements and excuses of the criminal suspects. The facts stated in the indictment of the defense lawyer and the criminal suspect are different, even if the details are different, we should ask clearly.
Check the materials and opinions that prove the criminal suspect's innocence, light crime or reduced or exempted from criminal responsibility, and ask the criminal suspect whether he has new witnesses, physical evidence and evidence clues.
Inform them of their litigation rights and obligations at the stage of review and prosecution. For example, when interrogating him, the case-handling personnel of procuratorial organs have the right to apply for withdrawal, the right to defend themselves, the right to request re-appraisal, and the right to appeal against the decision.
Ask about the case. Ask about the duration of his detention, whether the case-handling personnel have extorted confessions by torture, detained in disguised form and other illegal acts, and whether they have seized or frozen property with the case.
Lawyer:
Refers to the practitioners who have obtained the lawyer's practice certificate according to law, accepted the entrustment or assignment, and provided legal services for the parties.
Lawyers must pass the legal professional qualification examination and obtain the lawyer's practice certificate according to law before they can practice. According to the nature of work, lawyers can be divided into full-time lawyers and part-time lawyers; According to the scope of business, lawyers can be divided into civil lawyers, criminal lawyers and administrative lawyers; According to clients and working status, lawyers can be divided into social lawyers, corporate lawyers and public lawyers. Lawyer's business is mainly divided into litigation business and non-litigation business.
On August 20th, 2002/kloc-0, the 30th session of the 13th the National People's Congress Standing Committee (NPCSC) passed the Law of People's Republic of China (PRC) on Legal Aid, and law firms, grassroots legal service offices, lawyers and grassroots legal service workers are obliged to provide legal aid according to law.
To sum up, if the industry practice does not involve trade secrets or state secrets, you can tell your family.
Legal basis:
Article 40 of the Lawyers Law of People's Republic of China (PRC)
The lawyers association shall perform the following duties:
(a) to ensure that lawyers practice according to law and safeguard the legitimate rights and interests of lawyers;
(2) Summarizing and exchanging the working experience of lawyers;
(3) Organizing professional training for lawyers;
(four) education, inspection and supervision of lawyers' professional ethics and practice discipline;
(5) Organizing lawyers to carry out foreign exchanges;
(six) mediation of disputes arising from the practice of lawyers;
(seven) other duties as prescribed by law.
Lawyers' associations shall reward or punish lawyers in accordance with their articles of association.