Article 96
Relevant laws: Article 33 of this Law; Articles 9, 10, 1 1 and 12 of the Criminal Procedure Law.
Meaning decomposition:
1. This article is about the provision that criminal suspects hire lawyers to provide legal aid in the investigation stage. In the investigation stage, the time for the criminal suspect to hire a lawyer is counted from the day when the investigated organ first interrogates or takes compulsory measures. However, for cases involving state secrets, the criminal suspect's employment of a lawyer shall be approved by the investigation organ. According to Item 9 of Article 48 of the Criminal Procedure Law, the so-called "case involving state secrets" refers to a case involving state secrets or the nature of the case, and the judicial organ cannot handle it as a case involving state secrets because of the need for confidentiality in the investigation of criminal cases. According to Article 48, paragraph 10 of the Criminal Procedure Law, if a criminal suspect hires a lawyer in the investigation stage, he can do so by himself or by his relatives.
2 in the investigation stage, the main duties or work of the lawyer hired by the criminal suspect are:
(1) Providing legal advice and acting as an agent to appeal and accuse criminal suspects;
(2) If a criminal suspect is arrested, he may apply for bail pending trial;
(3) If the procuratorate takes professional measures beyond the statutory time limit, it has the right to request the cancellation or change of compulsory measures (the provisions of Article 75 of this Law also apply to the investigation stage);
(4) Transferring the criminal suspect from the investigation organ;
(5) Meet with the criminal suspect in custody and ask him about the case.
In this regard, we should pay attention to distinguish between lawyers hired by criminal suspects and defendants in the investigation stage, the prosecution stage or the trial stage. For example, the provisions of Articles 36 and 37 of this Law are aimed at the litigation activities of lawyers in the stage of examination and prosecution and the stage of execution of judgments, not the litigation activities in the stage of investigation.
3. Note that criminal cases involving state secrets and other criminal cases have different requirements for the litigation behavior of criminal suspects and lawyers. The criminal suspect needs not only the approval of the investigation organ to hire a lawyer, but also the approval of the investigation organ to hire a lawyer to meet the criminal suspect in custody. According to Article 48 1 1 of the Criminal Procedure Law, lawyers do not need to get approval to meet criminal suspects in cases that do not involve state secrets.
4. If the lawyer requests to meet with the criminal suspect, the investigation organ shall arrange it as soon as possible. Article 1 1 of Article 48 of the Criminal Procedure Law stipulates that a meeting should be arranged within 48 hours in general; However, for the following special cases, talks should be arranged within 5 days: organizing, leading and participating in underworld organizations, organizing, leading and participating in terrorist activities, or smuggling crimes, drug crimes, corruption and bribery crimes and other major and complicated crimes involving more than two people. In addition, according to article 12 of the regulations, lawyers meet with criminal suspects in custody during the investigation stage, and the investigation organ shall, according to the situation. However, at the stage of examination, prosecution and trial, if the case has been investigated and the defender meets with the criminal suspect or defendant in custody, the procuratorial organ or the court shall not send personnel to be present.
5. Note that lawyers' litigation rights in the investigation stage are different from those in the examination, prosecution and trial stage, and the latter is mainly embodied in Articles 36 and 37 of the Criminal Procedure Law.