Can lawyers consult the case files in the criminal investigation stage? (1) Defend as a defender in the investigation stage.
According to Article 33 of the Criminal Procedure Law, a criminal suspect has the right to entrust a defender from the day when he is interrogated for the first time by the investigation organ or takes compulsory measures. During the investigation, only lawyers can be entrusted as defenders. The defendant has the right to entrust a defender at any time.
(two) to understand the case at that time and the main facts that have been identified.
1. According to Article 36 of the Criminal Procedure Law, defense lawyers can provide legal assistance 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.
2. Article 47 of the Procedures for Handling Criminal Cases by Public Security Organs: If a defense lawyer asks the public security organ about the case, the public security organ shall inform the entrusted or appointed defense lawyer of the alleged crime of the criminal suspect, the main criminal facts that have been ascertained at that time, the adoption, alteration, lifting of compulsory measures and extension of the period of investigation and detention of the criminal suspect, and make records.
(3) Except for special cases, the parties to other cases have the right to meet and communicate without the approval of the public security organ.
According to Article 37 of the Criminal Procedure Law, defense lawyers can 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.
(four) the meeting with the parties will no longer be monitored and accompanied by public security personnel.
According to Article 37 of the Criminal Procedure Law, when a defense lawyer meets with 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.
(five) the right to ask for evidence and collect evidence, and the right to apply for witnesses to appear in court.
According to Article 39 of the Criminal Procedure Law, in the process of investigation, examination and prosecution, the defender has the right to apply to the people's procuratorate and the people's court for obtaining the evidence materials collected by the public security organs and the people's procuratorate to prove innocence or minor crimes.
(6) Lawyers have the right to express their opinions on whether they should be arrested at the investigation stage.
According to Article 86 of the Criminal Procedure Law, when the people's procuratorate examines and approves the arrest, it may ask witnesses and other participants in the proceedings and listen to the opinions of defense lawyers; If a defense lawyer makes a request, he shall listen to the opinions of the defense lawyer.
(7) Lawyers' rights have the right to request the public security organs to change or lift compulsory measures during the investigation stage.
According to Article 97 of the Criminal Procedure Law, the people's court, the people's procuratorate or the public security organ shall release the criminal suspect or defendant whose compulsory measures have expired, obtain bail pending trial, place him under residential surveillance or change the compulsory measures according to law. When the statutory time limit for the people's court, the people's procuratorate or the public security organ to take compulsory measures expires, the criminal suspect, the defendant and his legal representative, close relatives or defenders have the right to demand the cancellation of compulsory measures.
(eight) have the right to put forward written opinions on the investigation work of public security organs.
(9) At the end of the investigation, the public security organ has the obligation to notify the lawyer so that the lawyer can follow up the case.
(ten) to apply for case handling personnel to avoid and put forward reconsideration.
(eleven) to provide legal assistance, complaints and appeals to criminal suspects.
(twelve) as an agent to negotiate and settle civil compensation with the victims or their families, and strive for the understanding of the victims or their families.
Second, what rights do lawyers have in criminal cases during the investigation stage? In the investigation stage, lawyers' rights in criminal cases are:
1. Ask the investigation organ about the crimes and cases suspected by the criminal suspect and give opinions;
2. Providing legal aid to criminal suspects;
3. Acting as an agent to appeal, accuse and apply for changing compulsory measures, and meeting and communicating with criminal suspects and defendants in custody.
Third, can lawyers read papers during the investigation stage? No, according to the relevant provisions of the Criminal Procedure Law, lawyers have the right to meet only in the investigation stage, and they can consult the relevant files and materials in the relevant departments from the date when the case is transferred for review and prosecution.
The above is about whether lawyers can consult the case files in the criminal investigation stage. To sum up, we can understand that there is no file generated in the investigation stage, and lawyers have no right and no way to read papers, so there is no violation. If the case needs to be reviewed and prosecuted to generate a file, the lawyer has the right to read the file.