1. What does the lawyer do after being arrested by the procuratorate?
(1) Provide legal services and represent complaints and accusations.
(2) apply for bail pending trial or residential surveillance.
(3) Meeting with the criminal suspect
After accepting the entrustment, the lawyer got in touch with the investigation organ, learned from the investigation organ about the charges charged by the criminal suspect, and put forward specific requirements for meeting the criminal suspect in time. Since the criminal suspect is interrogated for the first time by the investigation organ or compulsory measures are taken, the entrusted lawyer has the right to meet the criminal suspect and defendant with the lawyer's practice certificate, law firm certificate, power of attorney or legal aid letter to learn about the relevant case.
(4) If the detention period expires and the arrest is not approved or the compulsory measures are changed, they may request the cancellation or change of the compulsory measures, and may obtain bail pending trial or monitor their residence.
(5) If the arrest period expires and he is transferred to the procuratorial organ or changes the compulsory measures, he may request the cancellation of the compulsory measures or change the compulsory measures, and may obtain bail pending trial or be placed under residential surveillance.
Second, the conditions of arrest
1, there is evidence that there is a criminal fact.
According to the relevant regulations, there is evidence to prove the existence of criminal facts, which means that the following circumstances are met at the same time:
(1) There is evidence that a criminal fact has occurred. The fact of a crime can be the fact of a single criminal act or the fact of any one of several criminal acts. For a criminal suspect who commits multiple criminal acts or a joint criminal case, one of the following circumstances is enough to constitute a crime: there is evidence to prove that he has committed one of several crimes; There is evidence that one of many crimes has been committed; * * * There is evidence that there is a criminal act in the same crime.
(2) There is evidence to prove that the criminal facts are committed by criminal suspects.
(3) The evidence proving that the criminal suspect has committed a criminal act has been verified. Arrest is different from conviction, and the standard of arrest is lower than that of conviction. It is not required to prove that all the evidence of the criminal suspect's criminal behavior has been verified, only to prove that the evidence has been verified.
2, may be sentenced to more than fixed-term imprisonment.
This is a rule about the severity of crime. According to the criminal facts proved by the existing evidence and the relevant provisions of China's criminal law, it is preliminarily determined that the criminal suspect and defendant may be sentenced to more than fixed-term imprisonment, rather than being sentenced to light punishment such as public surveillance, criminal detention, independent application of supplementary punishment or exemption from punishment, which meets the conditions for arrest.
3. It is not enough to take measures such as bail pending trial and residential surveillance to prevent social danger, but arrest is necessary.
Since arrest is the most severe coercive measure, it can only be used when it is really necessary. Even if the criminal suspect and defendant meet the above two conditions, if measures such as obtaining a guarantor pending trial and monitoring residence are enough to prevent them from endangering society, there is no need to arrest them, and they should not be arrested. Item 2 of Article 1 of the Provisions on Relevant Issues Concerning the Application of Arrest Measures according to Law jointly issued by the Supreme People's Procuratorate and the Ministry of Public Security on August 6, 2006 stipulates that arrest is required in any of the following circumstances:
(1) may continue to commit criminal acts and endanger society;
(two) may destroy or forge evidence, interfere with the testimony of witnesses or collusion;
(3) Possible suicide or escape;
(4) It is possible to take revenge;
(5) may hinder the investigation of other cases;
(six) other circumstances that may cause social danger.
The same article also stipulates that criminal suspects who seriously endanger public security and social order and may hinder investigation, such as organized crime, organized crime of underworld nature, violent crime, multiple crimes, etc., should generally be arrested.
The above three conditions of arrest are interrelated and indispensable. Only when the criminal suspect and the defendant meet these three conditions at the same time can they be arrested. Only by strictly grasping the applicable conditions of arrest can we prevent the occurrence of false arrest and indiscriminate arrest.
In a word, the lawyer is supervising the judicial procedure with a professional legal attitude in the whole case. There is no law that stipulates what a lawyer must do after being arrested. The work done by lawyers has a lot to do with the specific circumstances of the case. Moreover, whether the procuratorate approves the arrest or not, lawyers are an important role for criminal suspects and their families to understand the progress of the case.