Criminal cases are divided into three stages: public security investigation stage, procuratorate examination and prosecution stage and court trial stage. As long as a person is suspected of any crime, as long as he is not convicted by the court, he cannot be called a criminal, so he has no criminal record. Therefore, the best time to invite a lawyer to intervene is the public security investigation stage, because at this stage, the public security organs are not allowed to let family members or relatives visit, and only lawyers can see people. Does this person constitute a crime? What crime? Was the client tortured? At this stage, after meeting with the client, the Lawyers Association can basically determine the complexity of the case and whether the client should bear criminal responsibility. If it is minor, you can directly apply for bail pending trial, and you can extort a confession by torture, which is conducive to protecting the client from personal injury. Therefore, it is recommended to hire a lawyer in the public security investigation stage for general criminal cases.
Legal basis: People's Republic of China (PRC) Criminal Law.
Article 266 Whoever defrauds public or private property in a relatively large amount shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or solely be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years, and shall also be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or confiscated. Where there are other provisions in this Law, such provisions shall prevail.
Article 192 Whoever illegally raises funds by fraudulent means for the purpose of illegal possession shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; if the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than seven years or life imprisonment and shall also be fined or confiscated.
If a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be punished in accordance with the provisions of the preceding paragraph.
Article 266 Whoever defrauds public or private property in a relatively large amount shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also, or shall only, be fined; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined; If the amount is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or confiscated. Where there are other provisions in this Law, such provisions shall prevail.