Law on entrusted lawyers in criminal proceedings

If the procuratorial organ withdraws the lawsuit, it may bring a lawsuit to the court again after supplementing the evidence; You can also make a decision not to prosecute, or suggest that the public security organ withdraw the lawsuit. At this time, the defendant can still entrust a lawyer to obtain legal professional help. After accepting the entrustment, the defender (lawyer) shall promptly inform the case-handling organ. Link to the article: The relevant provisions of the Criminal Procedure Law on lawyers 1, Article 33 stipulates: "? 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. " ? 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 inform him that the criminal suspect or defendant is in custody, and his guardian or near relative may also entrust a defender to accept the entrustment of the criminal suspect or defendant, and shall promptly inform the case-handling organ.

2. Article 35 The duty of a defender is to present materials and opinions on the innocence, light crime or reduction or exemption of criminal responsibility of a criminal suspect or defendant according to facts and laws, and to safeguard the litigation rights and other legitimate rights and interests of the criminal suspect or defendant.

Article 36 A defense lawyer may provide legal aid to a criminal suspect during the 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 37 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.

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.

Article 38 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 39 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.