It must be useful. After criminal detention, it enters the investigation stage of criminal proceedings. According to Article 34 of the newly revised Criminal Procedure Law of People's Republic of China (PRC), 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 takes compulsory measures. During the investigation, only lawyers can be entrusted as defenders. Article 37. The responsibility of a defender is to provide materials and opinions on whether a criminal suspect or defendant is innocent, light or relieved of criminal responsibility according to facts and laws, and to safeguard the litigation rights and other legitimate rights and interests of the criminal suspect or defendant. Article 38. Defense lawyers can provide legal aid to criminal suspects during investigation. Acting as an agent for complaints and accusations; Apply for changing compulsory measures; Ask the investigation organ about the crimes and cases suspected by the criminal suspect, and put forward opinions. Article 39 A defense lawyer may meet and correspond with a criminal suspect or defendant in custody. Other defenders, with the permission of the people's courts and people's procuratorates, may also meet and correspond with criminal suspects and defendants in custody.
Criminal cases are divided into three stages: public security investigation stage, procuratorate examination and prosecution stage and court trial stage. As long as a person is suspected of any crime, as long as he is not convicted by the court, he cannot be called a criminal, so he has no criminal record. Therefore, the best time to invite a lawyer to intervene is the public security investigation stage, because at this stage, the public security organs are not allowed to let family members or relatives visit, and only lawyers can see people. Does this person constitute a crime? What crime? Was the client tortured? At this stage, after meeting with the client, the Lawyers Association can basically determine the complexity of the case and whether the client should bear criminal responsibility. If it is minor, you can directly apply for bail pending trial, and you can extort a confession by torture, which is conducive to protecting the client from personal injury. Therefore, it is recommended to hire a lawyer in the public security investigation stage for general criminal cases.
Legal basis:
Criminal law of the people's Republic of China
Article 266 Whoever defrauds public or private property in a relatively large amount shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or solely be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years, and shall also be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or confiscated. Where there are other provisions in this Law, such provisions shall prevail.
Article 192 Whoever illegally raises funds by fraudulent means for the purpose of illegal possession shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; if the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than seven years or life imprisonment and shall also be fined or confiscated.
If a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be punished in accordance with the provisions of the preceding paragraph.
Article 266 Whoever defrauds public or private property in a relatively large amount shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also, or shall only, be fined; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined; If the amount is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or confiscated. Where there are other provisions in this Law, such provisions shall prevail.