A criminal suspect may hire a lawyer to provide him with legal advice, complaints and accusations after the first interrogation by the investigation organ or from the day when compulsory measures are taken. After the criminal suspect is arrested, the lawyer hired can apply for bail pending trial. The entrusted lawyer has the right to know the charges charged by the criminal suspect from the investigation organ, and can meet the criminal suspect in custody and learn the case from the criminal suspect. If a criminal suspect is extorted by torture or detained for an extended period of time, the entrusted lawyer may appeal and accuse him on his behalf.
How to hire a lawyer in the investigation stage?
How to hire a lawyer in the investigation stage? In the investigation stage, due to the different personal restrictions of criminal suspects, the procedures for hiring lawyers are also different. According to the criminal suspect's compulsory measures, go through the formalities of hiring a lawyer:
If a criminal suspect is released on bail pending trial, as long as the case does not involve state secrets, the criminal suspect can decide to hire a lawyer to provide legal assistance through various legal channels without the approval of the investigation organ. If there is a guarantor, you can inform the guarantor. If it is necessary to hire a lawyer in other counties and cities, it shall be approved by the investigation organ.
In real life, there are also cases where suspects are under surveillance. Without the approval of the executing organ, the criminal suspect may not leave his residence or the designated residence. If it is necessary to hire a lawyer, there are two ways:
First, submit it to the enforcement agency, which will forward the request to the hired lawyer or the law firm where the lawyer is located.
The second is to entrust relatives to hire. If a criminal suspect is detained or arrested and needs to hire a lawyer, he may submit it to the case-handling organ or detention center, which will convey it on his behalf.
Legal basis:
Article 40 of the Provisions on the Procedures of Public Security Organs for Handling Criminal Cases
The public security organ shall ensure that defense lawyers engage in the following professional activities in accordance with the law during the investigation stage:
(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 36 of the Criminal Procedure Law: A defense lawyer may consult, extract and copy the litigation documents and technical appraisal materials of the case from the date when the people's procuratorate examines and prosecutes the case, and may meet and correspond with the criminal suspect in custody. Other defenders, with the permission of the People's Procuratorate, may also consult, extract and copy the above-mentioned materials, and meet and correspond with criminal suspects in custody.