(a) to the public security organs to understand the criminal suspect accused of the crime and the case, and put forward opinions;
(two) to meet and communicate with the criminal suspect, and to understand the case from the criminal suspect;
(3) Providing legal aid and acting as an agent for complaints and accusations against criminal suspects;
(4) applying for changing the compulsory measures against criminal suspects.
Article 41 When interrogating a criminal suspect for the first time or taking compulsory measures against him, the public security organ shall inform the criminal suspect that he has the right to entrust a lawyer as a defender, and inform him that if he fails to entrust a defense lawyer due to financial difficulties or other reasons, he may apply for legal aid from a legal aid institution. Information should be recorded.
If a criminal suspect in the same case entrusts the same defense lawyer, or if two or more criminal suspects who are not involved in the case but commit a crime entrust the same defense lawyer, the public security organ shall require them to change their defense lawyers.
Article 42 A criminal suspect may entrust a defense lawyer by himself. If a criminal suspect is in custody, his guardian or close relatives may also entrust a defense lawyer to defend him on his behalf.
The request of a criminal suspect to entrust a defense lawyer may be in writing or orally. If it is put forward orally, the public security organ shall make a written record, which shall be signed by the criminal suspect and fingerprinted.
Article 43 If a criminal suspect in custody requests the detention center to entrust a defense lawyer, the detention center shall promptly convey it to the case-handling department, which shall promptly convey it to the defense lawyer or law firm entrusted by the criminal suspect.
If the criminal suspect in custody only asks to entrust a defense lawyer, but can't mention the specific object, the case-handling department shall promptly notify the guardian and close relatives of the criminal suspect to entrust a defense lawyer on his behalf. If the criminal suspect has no guardian or close relative, the case-handling department shall promptly notify the local lawyers association or the judicial administrative organ to recommend a defense lawyer for him.
Article 44 If a criminal suspect fails to entrust a defender under any of the following circumstances, the public security organ shall promptly notify the legal aid institution to appoint a defense lawyer for the criminal suspect:
(1) The criminal suspect is a mental patient who is blind, deaf, dumb or has not completely lost the ability to recognize or control his own behavior;
(2) The suspect may be sentenced to life imprisonment or death.
Article 45 After receiving an application for legal aid from a criminal suspect in custody, the public security organ shall transfer the application to the local legal aid institution within 24 hours, and notify the applicant's guardian, close relatives or other personnel entrusted by him to assist in providing relevant documents, certificates and other relevant materials. If the address of the guardian, close relatives or other personnel entrusted by the criminal suspect is unknown and cannot be notified, the legal aid institution shall be informed together with the application.
If a criminal suspect refuses a lawyer appointed by a legal aid institution to act as a defender or entrusts a defender himself, the public security organ shall notify the legal aid institution within three days.
Article 46 After accepting the entrustment of a criminal suspect or the assignment of a legal aid institution, a defense lawyer shall promptly inform the public security organ and produce a lawyer's practice certificate, a certificate of law firm, a power of attorney or a letter of legal aid.
Article 47 If a defense lawyer asks the public security organ about the case, the public security organ shall inform the entrusted or designated defense lawyer about the alleged crime of the criminal suspect, the main criminal facts ascertained at that time, the adoption, change, lifting of compulsory measures and extension of the investigation and detention period of the criminal suspect, and make records.
Article 48 A defense lawyer may meet and correspond with a criminal suspect who is detained or under residential surveillance.
Forty-ninth cases of crimes and terrorist activities endangering national security, the case handling department shall notify the detention center in writing when the criminal suspect is sent to the detention center for custody; When a criminal suspect whose residence is under surveillance is delivered for execution, he shall notify the executing organ in writing.
In the process of investigation, the defense lawyer shall apply to meet the criminal suspect who is detained or under residential surveillance as stipulated in the preceding paragraph.
An application for meeting with a defense lawyer shall be submitted to the person in charge of the public security organ at or above the county level for approval within 48 hours after receiving the application, and a decision shall be made on whether to grant or not. Except in cases that hinder the investigation or may reveal state secrets, a decision on permission shall be made.
If the public security organ is not allowed to meet, it shall notify the defense lawyer in writing and explain the reasons. After the situation that hinders the investigation or may reveal state secrets disappears, the public security organ shall allow the meeting.
In any of the following circumstances, it is "obstructing investigation" as stipulated in this article:
(a) may destroy or falsify evidence, interfere with witness testimony or collusion;
(2) It may lead to the criminal suspect's self-mutilation, suicide or escape;
(3) It may cause accomplices to evade or obstruct the investigation;
(4) The criminal suspect's family members participate in the crime.
Article 50 If a defense lawyer requests to meet with a criminal suspect in custody, the detention center shall arrange for the lawyer to meet with the criminal suspect within 48 hours after checking the lawyer's practice certificate, law firm certificate, power of attorney or legal aid letter of the criminal suspect, and notify the case-handling department at the same time.
In the process of investigation, when the defense lawyer meets the criminal suspect who is detained or under residential surveillance in crimes endangering national security, terrorist activities and particularly serious bribery crimes, the detention center or the residential surveillance execution organ shall also check the license decision document of the investigation organ.
Article 51 If a defense lawyer needs to hire an interpreter when meeting a criminal suspect in custody or under surveillance, it shall be examined by the public security organ. If it meets the requirements, it shall be licensed; For those that do not meet the requirements, notify them to replace them in time.
If translators attend the meeting, the detention center or the execution organ of residential surveillance shall examine the license decision document of the public security organ.
Article 52 When a defense lawyer meets a criminal suspect who is under detention or residential surveillance, the detention center or the residential surveillance executive organ shall take necessary management measures to ensure the smooth progress of the meeting and inform him to abide by the relevant provisions of the meeting. When a defense lawyer meets a criminal suspect, the public security organ shall not monitor or send personnel to be present.
If a defense lawyer meets a criminal suspect in custody or under residential surveillance and violates the law or the meeting regulations, the detention center or the residential surveillance enforcement agency shall stop it. For those who seriously violate the regulations or refuse to listen to dissuasion, they may decide to stop this meeting and promptly notify their law firm or their lawyers association.
Article 53 A defender or other person who illegally interferes with litigation activities in criminal proceedings shall be investigated for legal responsibility according to law.
If a defender interferes with litigation activities and is suspected of committing a crime and falls under the jurisdiction of a public security organ, the public security organ handling the case handled by the defender shall report to the public security organ at the next higher level and designate other public security organs to file a case for investigation, or the public security organ at the next higher level shall file a case for investigation. The public security organ at a lower level of the public security organ that originally undertook the case shall not designate investigation. If the defender is a lawyer, the public security organ that filed the case for investigation shall promptly notify the law firm where he belongs or the lawyers association to which he belongs.
Article 54 A defense lawyer shall have the right to keep confidential the relevant information and materials of his client that he knows in his practice. However, if the defense lawyer knows that the client or others are preparing or committing criminal acts that endanger national security, public security and seriously endanger the personal safety of others, he shall promptly inform the judicial organs.
Article 55 Before the investigation of a case is concluded, if the defense lawyer makes a request, the public security organ shall listen to the opinions of the defense lawyer, verify it according to the situation and put it on record. If a defense lawyer puts forward a written opinion, it shall attach a volume.
The public security organ shall verify the evidence collected by the defense lawyer that the suspect is not at the scene of the crime, has not reached the age of criminal responsibility, and belongs to a mental patient who is not criminally responsible according to law, and record the relevant information, and the relevant evidence shall be attached.