Article 39 of the Criminal Procedure Law of People's Republic of China (PRC) * * * Defence lawyers may meet and correspond with criminal suspects and defendants in custody. Other defenders, with the permission of the people's courts and people's procuratorates, may also meet and correspond with criminal suspects and defendants in custody.
If a defense lawyer holds a lawyer's practice certificate, a law firm's certificate, a power of attorney or a letter of legal aid to ask for a meeting with the criminal suspect or defendant in custody, the detention center shall arrange the meeting in time, which shall not exceed 48 hours at the latest.
3. Article 40 of the Criminal Procedure Law of People's Republic of China (PRC): From the date when the people's procuratorate examines and prosecutes the case, the defense lawyer may consult, extract and copy the case file. Other defenders may also consult, extract and copy the above materials with the permission of the people's court or the people's procuratorate.
A detailed explanation of the problem
1. Can lawyers meet the suspects in criminal cases?
Yes, but it should be noted that it can only be a defense lawyer entrusted by a criminal suspect or his close relatives. After the criminal suspect is detained in the detention center and before the case is handed over to the people's court, only the defense lawyer can meet the criminal suspect in custody. When a lawyer applies to the investigation organ for a meeting, the investigation organ shall arrange the meeting in time, which shall not exceed 48 hours at the latest. The length and frequency of the meeting are not limited, and no monitoring shall be conducted. If the public security organ or the relevant department prevents the defense lawyer from meeting, it is an infringement of the defense lawyer's right to meet, and the defense lawyer can respond to the procuratorate according to law and request supervision.
Second, why can only lawyers meet with criminal suspects in the investigation stage?
(1) The significance of a lawyer meeting a criminal suspect lies in knowing the truest case, restoring the truth of the case, providing the criminal suspect with the idea of pleading guilty, and making a reply after the meeting, thus giving the best litigation idea and method. Only lawyers with certain abilities and sufficient legal knowledge can optimize these tasks to the maximum extent.
(2) If close relatives or others are allowed to meet the criminal suspect, it is impossible to control whether the order of the investigation organ will be affected by the incident. Moreover, from the common sense of life, after the suspect is detained, many relatives often fall into chaotic emotions. At this time, what the suspect needs is a professional's calm analysis and reply, the best idea of pleading guilty, and the best defense in court in the future. If the family's emotions are passed on to the suspect, it will greatly affect the suspect's own emotions and thoughts. From a humanitarian point of view, perhaps close relatives are not allowed to meet at this time, but allowing lawyers to convey and help them solve the problem is to help and care for the suspect to the greatest extent.
(3) As far as the law is concerned, in the investigation stage of criminal cases, only lawyers can be entrusted as defenders, and only defense lawyers can meet with criminal suspects. It is also stipulated by law. If the investigation organ does not cooperate, the lawyer can also report to the procuratorate and apply for supervision and correction.
Third, is it reasonable to meet family members during the prosecution stage?
(1) Briefly describe the stage of review and prosecution.
In the stage of examination and prosecution, the case mainly enters the procuratorate. At this stage, the procuratorial organs began to get involved in investigating cases, and also questioned criminal suspects, witnesses and victims. If it is found that the evidence collected by public security organs in the investigation stage is insufficient, it will generally be returned to supplementary investigation. If the evidence is sufficient and the facts are clear, a public prosecution will be brought to the court. The case file and the complaint will be handed over to the court first.
(2) It is reasonable for family members to meet at the stage of review and prosecution, but the premise is that they must be defenders. In the stage of examination and prosecution, the family members of the defenders may also meet with the criminal suspects in custody with the permission of the procuratorate. Compared with defense lawyers, they are subject to many conditions. If it's just family, you can't meet.
Fourth, lawyers need to meet the conditions of suspects.
In the investigation stage, when a lawyer meets a criminal suspect, he needs to hold a lawyer's practice license, a certificate from a law firm, a power of attorney or a letter of legal aid to meet the criminal suspect or defendant in custody. At this point, the detention center should arrange a meeting in time, no later than 48 hours. When meeting the criminal suspect successfully, you should first show the power of attorney and inform the criminal suspect that he is entrusted by relatives and friends to provide legal help; Ask him if he agrees to hire this lawyer; If you agree, you must sign the power of attorney for confirmation.
Verb (abbreviation for verb) What should a lawyer do when meeting a suspect?
(1) Asking about the natural situation of the criminal suspect.
(two) to understand and answer the case in detail. The primary task of defense lawyers meeting with criminal suspects is to understand and answer detailed cases. We should not only know the general framework and details of the day of the case, but also know the motive, cause and background of the crime if there is a certain motive.
(3) The process of being arrested should be a procedure in the details of the case, but this step is particularly important because it will involve two key aspects of the case. First of all, in a drug crime case, if the suspect is arrested by the plainclothes police ambushing around, it can be inferred that there may be controlled delivery or special inducement in this case, which may be cited in the subsequent specific defense and become the reason for the suspect's defense; Secondly, the attitude and situation of the criminal suspect when he is arrested involves his cognition of his own behavior, for example, the criminal suspect does not think his behavior is a crime or the criminal suspect stays at the scene waiting to surrender.
(4) Information about being questioned in the investigation organ. At this time, it is necessary to ask about the situation and content of the first inquiry, such as how much the suspect knows about his behavior and whether he pleads guilty. On the other hand, defense lawyers should also fully understand the interrogation of criminal suspects by investigation organs, and analyze the investigators' views and attitudes towards criminal suspects involved in the case from the problems. At the same time, according to several inquiries, it is necessary to sum up which questions have the highest frequency in an interrogation and which are new questions. In order to infer the adjustment of the investigation focus and direction of the investigation organ and the change of the core facts of the case. This is also a comprehensive preparation for sorting out the defense ideas after the meeting. At the same time, we can also know whether the investigation organ has illegally obtained confessions such as extorting confessions by torture and whether it has retracted confessions.
(five) to understand the criminal suspect's cognition of the case. This work is not only for better defense, but also for testing the psychological defense of criminal suspects, building a bridge of trust between them and laying a good foundation for handling cases in the future.
(6) Other matters. For example, answer legal advice for criminal suspects, inform them of their relevant rights and obligations, and let them know their own behavior cases in depth. Whether there are matters that need to be complained and accused on behalf of others, and other information that needs to be known, such as physical condition and life needs.
What is forbidden for an intransitive verb lawyer to do when meeting a suspect?
(a) can't pass any case items for the parties;
(2) During the meeting, lawyers can't disclose whether other accomplices have been arrested and brought to justice, and it is illegal to engage in the above-mentioned acts;
(three) can not use the mobile phone for the parties, and can not make their mobile phones in a state of communication with the outside world;
(four) can not bring a non lawyer to meet the parties, especially it is forbidden to bring relatives to meet.
(five) can not pass notes and letters between the parties and their relatives and friends;
(six) can not instruct the parties how to confess in the face of inquiries, especially prohibiting abetting perjury, but lawyers can use comprehensive and objective facts and evidence analysis and relevant laws and regulations to provide a knowledge base for the parties' self-defense;
(7) When interpreting the law, we should not be one-sided and pay equal attention to both procedure and entity. When explaining the law to the parties, we should do the following: first, we should tell the parties all the advantages and disadvantages, and we should not avoid the legal risks faced by the parties; Second, pay equal attention to substance and procedure. We should not only tell the parties about the provisions of the criminal law on the accused charges, but also tell them about their litigation rights, the time limit for litigation, the rules for the adoption of evidence, the standard of proof and so on.
(eight) can not find the so-called "relationship" for the parties, although the vast majority of the parties and their relatives and friends believe in the energy of "relationship", asking lawyers to engage in "relationship operation" and even offering bribes, but this behavior should be illegal and lawyers should naturally refuse, and the legal risks here are self-evident; At the same time, it is not allowed to help criminal suspects and defendants conceal, destroy or forge evidence or collude with confessions, and it is not allowed to threaten or induce witnesses to commit perjury or engage in other acts that hinder judicial procedures.
(9) You can't make overly optimistic predictions for the parties, nor can you guarantee the outcome of any case for the parties. That's what I said above, too. It's comprehensive and thorough, and we can't avoid the heavy and light. When a party asks a lawyer to predict the prospect of a case, he should be cautious. If lawyers provide legal help to clients, they can also provide necessary comfort and guidance to clients, which will not only help clients face reality and treat their situation rationally, but also cooperate with lawyers to carry out defense work more effectively; You can also get the gratitude of the parties and their relatives and consolidate the entrusted relationship between them.
(ten) can not directly ask whether the parties involved in the crime. If you directly ask the client if he has committed a crime, the client is worried that the lawyer will let him reveal the truth and let the investigation organ know the inside story. The correct way is not to directly ask the parties whether they have committed the crimes involved, but to ask, "Do you accept the crimes you are suspected or accused of? If not, what are the reasons and basis? " According to his answer, he will take different countermeasures and defense plans.