1. What are the precautions when meeting in the investigation stage of duty crime?
Of course. The defense lawyer can meet the suspect many times, and the number of times is not limited.
When a lawyer meets a criminal suspect, he can learn about the case, including the following contents:
(1), the natural situation of the suspect;
(2), whether to participate in and how to participate in suspected cases;
(3) If guilty, state the main facts and circumstances related to conviction and sentencing;
(4) If you think you are innocent, state a plea of innocence;
(5) Whether the legal procedures for taking compulsory measures are complete and legal;
(six) whether their personal rights and litigation rights have been violated after taking compulsory measures;
(7), other need to know.
Article 37 of the Criminal Procedure Law: 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 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.
Second, in the investigation stage, can lawyers communicate with their families after meeting?
Of course.
The lawyer shall inform the family members of the contents of the meeting, the charges charged, the relevant laws and regulations, and the main criminal facts.
However, it is limited to necessary matters. Not all cases must be informed to the client. Some cases may need to be kept confidential during the investigation, so it is impossible to inform the client.
According to the provisions of the Criminal Procedure Law:
After a criminal case is put on file, the criminal suspect may hire a lawyer to provide legal aid from the day when he is interrogated for the first time by the investigation organ or compulsory measures are taken. In order to fully protect this right of criminal suspects, investigators should inform criminal suspects that they have the right to entrust lawyers during interrogation.
However, it should be pointed out that in cases of crimes endangering national security, terrorist activities and particularly serious bribery crimes, defense lawyers should obtain the permission of the investigation organ when meeting with the criminal suspects in custody during the investigation.
Such as cases in which criminal suspects illegally obtain state secrets by stealing, spying or buying, and cases in which state employees violate the provisions of the law on guarding state secrets and disclose state secrets. And the specific circumstances of some cases may involve state secrets. For example, the criminal suspect was taken compulsory measures on suspicion of espionage.
In the investigation stage, the criminal suspect can hire a lawyer by himself or by his relatives. If a relative hires on his behalf, the investigation organ shall allow him to make timely arrangements, and shall not refuse to meet on the grounds that he has not been entrusted by the criminal suspect himself. If a criminal suspect detained in a detention center proposes to hire a lawyer, the supervisor shall promptly convey it to the relevant investigation organ handling the case. After receiving the notice, the investigation organ shall, according to the wishes of the criminal suspect and his specific requirements, timely convey the request to the person entrusted by him or his law firm. If the suspect only asks to hire a lawyer without mentioning the specific object, the investigation organ cannot ignore it, but should promptly notify the local lawyers association or the judicial administrative organ to recommend a lawyer for him.
In China, there are provisions for meeting under special circumstances in criminal proceedings. Because statutory punishment is a crime that seriously endangers national security, specific cases may involve state secrets, so they belong to cases involving state secrets. In practice, it should also be noted that not all cases involving state secrets are not allowed to hire lawyers, but should be approved by the investigation organ according to the specific circumstances of the case.