1. Providing legal aid to criminal suspects;
2. Acting as an agent for complaints and accusations;
3. Apply for changing compulsory measures;
4, to the investigation organ to understand the criminal suspect accused of crimes and the relevant situation of the case, put forward opinions;
5. Have the right to apply to the people's procuratorate and the people's court for collecting and obtaining evidence materials to prove the innocence or light crime of the criminal suspect or defendant.
The public security organ shall ensure that defense lawyers engage in the following professional activities in accordance with the law during the investigation stage:
(a) to the public security organs to understand the criminal suspect accused of the crime and the case, and put forward opinions;
(two) to meet and correspond with the criminal suspect, and to understand the case from the criminal suspect;
(3) Providing legal aid and acting as an agent for complaints and accusations against criminal suspects;
(4) applying for changing the compulsory measures against criminal suspects.
In the process of investigation, defense lawyers enjoy the following rights: (1) to learn from the public security organs about the alleged crimes and cases of criminal suspects, and to put forward opinions; Meet and correspond with the criminal suspect and learn about the case from the criminal suspect; Providing legal aid and acting as an agent for complaints and accusations against criminal suspects; Apply for changing the compulsory measures against criminal suspects.
legal ground
Criminal procedure law
Article 38 A defense lawyer may provide legal aid to a criminal suspect 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.
If a defense lawyer holds a lawyer's practice certificate, a law firm's certificate, a power of attorney or a letter of legal aid to ask for a meeting with the criminal suspect or defendant in custody, the detention center shall arrange the meeting in time, which shall not exceed 48 hours at the latest.
In criminal cases endangering national security and terrorist activities, defense lawyers should obtain permission from the investigation organ when meeting with the criminal suspect in custody during the investigation. The investigation organ shall notify the detention center of the above situation in advance.
When a defense lawyer meets a criminal suspect or defendant in custody, he can understand the case and provide legal advice. From the date when the case is transferred for examination and prosecution, the relevant evidence may be verified with the criminal suspect or defendant. Defense lawyers are not monitored when meeting with criminal suspects and defendants.
The provisions of the first, third and fourth paragraphs shall apply to the meetings and correspondence between defense lawyers and criminal suspects and defendants who are under surveillance.
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.