2. Lawyers need to be entrusted by the criminal suspect (previously entrusted or conveyed by the case-handling personnel) and the family members of the criminal suspect (parents, children, brothers and sisters, spouses), and they are cousins and cannot be entrusted;
At present, people in the detention center can only entrust lawyers to meet with them, and family members are not allowed to meet with them.
According to the new law, now lawyers can meet without approval, just by entrustment, that is, lawyers who have just been arrested in detention center can meet on the same day.
Second, can I see a lawyer during the investigation stage?
1. 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. The defendant has the right to entrust a defender at any time.
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. The investigation organ shall notify the detention center of the above situation in advance.
3. When the investigation organ interrogates the criminal suspect for the first time or takes compulsory measures against the criminal suspect, it shall inform the criminal suspect that he has the right to entrust a defender. If a criminal suspect requests to entrust a defender during his detention, 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.
The provisions on lawyers meeting with criminal suspects shall conform to the statutory contents of the Criminal Procedure Law.
Article 37 of the Criminal Procedure Law stipulates that defense lawyers can meet and correspond with criminal suspects and defendants 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 cases of crimes endangering national security, terrorist activities and particularly serious bribery crimes, 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.
In our real life, many problems related to the flow of criminal cases may not be particularly understood. When a criminal case enters the investigation procedure, that is, the suspect has been taken compulsory measures, then at this time, an agent ad litem can be entrusted, and the lawyer can accept the entrustment, and there is a charge for meeting the parties at this stage.
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