2, the investigation organ and its staff violated citizens' personal and litigation rights, on behalf of the complaint and accusation.
3. Have the right to know the accused charges from the investigation organ.
4. Have the right to meet the criminal suspect in custody (with three certificates: lawyer's certificate, law firm's certificate and power of attorney); The meeting should be arranged within 48 hours; Except those involving state secrets, no examination and approval is required.
5. If two or more people are guilty of the same crime in major and complicated cases such as drugs, triad-related, terrorism-related, walking-related, and corruption-related, a meeting shall be arranged within 5 days.
6. Crimes involving state secrets: 1 Entrusted lawyers need to be approved; The meeting needs approval (to be decided within 5 days from the date when the lawyer requests the meeting).
7. People can attend meetings, but not all meetings are monitored (people can't attend during the review, prosecution and trial).
8. Have the right to obtain a guarantor pending trial for the arrested criminal suspect.
9. Anyone who has been detained for more than the statutory time limit has the right to request the termination of detention.
10, and has no right to read papers, communicate, investigate and collect evidence.
What rights do lawyers have in the investigation stage? In the investigation stage of public security organs, lawyers can meet with criminal suspects in custody, ask about the case and exchange views with public security organs.
The criminal procedure law clearly stipulates the rights of lawyers in the investigation stage.
Article 36 of the Criminal Procedure Law stipulates that: defense lawyers can provide legal aid to criminal suspects during 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.
The rights of defense lawyers in the investigation stage mainly include:
1, which can provide legal help for criminal suspects; Acting as an agent for complaints and accusations; Apply for changing compulsory measures; Have the right to ask the investigation organ about the suspect's suspected crime and the situation related to the case, and put forward opinions.
2. The right to meet and correspond with criminal suspects and defendants in custody.
3. Defense lawyers are not monitored when meeting with criminal suspects and defendants.
With the consent of witnesses or other relevant units and individuals, defense lawyers may collect materials related to this case from them.
Criminal procedure law
Article 36 A defense lawyer may provide legal aid to a criminal suspect during 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.
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.
Article 41 With the consent of witnesses or other relevant units and individuals, defense lawyers may collect materials related to this case from them, or apply to the people's procuratorate or the people's court to collect and obtain evidence, or apply to the people's court to notify witnesses to testify in court.
The victim's rights in the criminal investigation stage are 1. The insurance company does not bear the towing fee.
2. You need to file a criminal lawsuit with a civil lawsuit for the economic loss you suffered, and demand compensation from the thief.
You need to pay the money in person before the thief is caught.
Strictly speaking, the "all risks" that car owners often say does not exist. There are nearly 20 types of auto insurance, and it is not necessary and impossible for car owners to cover all types of insurance. Therefore, "all risks" is just a colloquial expression, just a banner played by some salespeople in the auto insurance market to attract attention.
The "all risks" mentioned by ordinary salespeople refer to the four or six most commonly used risks. The four major risks include vehicle loss insurance, third party liability insurance, whole vehicle theft and emergency rescue, and special clauses excluding deductible; On the basis of six main risks, the risks of glass breakage and scratch are added.
Therefore, the "All Risks" insurance liability of your vehicle does not include the trailer fee after the stolen vehicle is recovered again. Insurance companies really shouldn't bear it.
In addition, your vehicle was seriously damaged during the theft, which is not within the responsibility of the insurance company. The insurance company only compensates you and the qualified driver you allow for the car damage during driving.
2. You need to file a criminal lawsuit with a civil lawsuit for the economic loss you suffered, and demand compensation from the thief.
You need to pay the money in person before the thief is caught.
Guan Dongping, a criminal lawyer in Guangzhou, is anxious about what the family can do when the theft case is still under investigation:
Family members can entrust a defense lawyer for him, and lawyers can meet him, provide him with legal defense and safeguard his rights and interests.
In the investigation stage, it is directly related to whether the family members return their household registration to the sentence. In theft cases, returning stolen goods and paying compensation is one of the circumstances of lighter punishment, which is beneficial to the judgment. The amount involved is 16000 yuan, which is a "large amount". If it is the first time to commit a crime, you will have a good attitude of pleading guilty, return the stolen goods and compensation, and have the opportunity to fight for probation.
"Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Laws in Handling Criminal Cases of Theft" Article 7 If the amount of public or private property is relatively large, and the perpetrator pleads guilty, repents, returns the stolen goods or makes restitution, under any of the following circumstances, if the circumstances are minor, he may not be prosecuted or exempted from criminal punishment; When necessary, the relevant departments shall give administrative punishment:
Having a statutory lenient punishment;
(two) did not participate in the distribution of stolen goods or less stolen goods and not the principal;
(3) the victim understands;
(4) Other circumstances are minor and harmless.