1. What are the main tasks of lawyers in the stage of review and prosecution?
In the stage of examination and prosecution, the main tasks of lawyers include accepting entrustment, contacting public prosecution organs, meeting and communicating, applying for bail for criminal suspects, representing complaints, investigating and collecting relevant materials of cases, and putting forward defense or agency opinions. After understanding the case, a lawyer believes that the criminal suspect does not constitute a crime and is suspected of improper charges. He may appeal to the relevant authorities on behalf of the criminal suspect and ask for correction.
Second, the specific situation
The lawyer accepts the entrustment.
(1) Time of lawyer's intervention. From the date when the case is transferred to the procuratorate for examination and prosecution, a lawyer may be hired to provide defense.
(2) The lawyer handles the case acceptance procedures. 1. The law firm and the client signed an entrustment agreement in duplicate, one for the client and one for the law firm to file; 2. The power of attorney signed by the client is in triplicate, one for the case-handling organ, one for the attorney and one for the client; 3. The law firm shall issue a lawyer's letter to the lawyer, and the lawyer shall hand it over to the case-handling organ.
Contact with the public prosecution agency
1. After accepting the entrustment, the undertaking lawyer shall contact the public prosecution organ in time, submit the power of attorney, the official letter of the law firm and present the lawyer's practice certificate.
2. The defense lawyer has the right to consult, extract and copy the litigation documents and case materials in this case.
Meetings and communications
(1) At the stage of examination and prosecution, the defense lawyer can meet the criminal suspect at any time without the approval of the procuratorate.
(2) A defense lawyer may correspond with a criminal suspect, but the content shall be related to the case.
(3) When a lawyer meets with a criminal suspect, he may ask questions about the following cases:
1. The natural situation of the suspect;
2. Whether and how to participate in suspected cases;
3. The main facts and circumstances involved in conviction and sentencing or plea of innocence;
4. Whether the procedure of compulsory measures is legal, whether the procedures are complete, and whether the personal rights and litigation rights are violated;
5 whether there are other illegal acts in the investigation activities;
6. Other information you need to know.
(4) Lawyers provide the following legal aid to criminal suspects.
1. Legal provisions on the conditions, duration and application procedures of compulsory measures;
2. Legal provisions on the withdrawal of investigators, prosecutors and judges;
3. The criminal suspect has the obligation to truthfully answer the investigators' questions and has the right to refuse to answer questions irrelevant to the case in time;
4. The criminal suspect's right to write his own confession, the right to check, supplement, correct and supplement the interrogation record made by investigators, and the obligation to sign or seal the record after admitting that it is correct.
5. The criminal suspect has the right to ask the investigation organ to inform him of the appraisal conclusion used as evidence, and apply for supplementary appraisal or re-appraisal;
6. The criminal suspect's right to defense;
7. The right of appeal and accusation of criminal suspects;
8. Relevant provisions of the Criminal Law on the alleged crimes of criminal suspects;
9. Criminal law on surrender, meritorious service and other relevant provisions;
10. Legal provisions on the jurisdiction of criminal cases;
1 1. Other legal issues.
Apply for bail pending trial for criminal suspects.
(1) A lawyer may apply for bail pending trial if he believes that a criminal suspect in custody meets one of the following conditions:
1, the criminal suspect involved conforms to the provisions of Article 51 of the Criminal Procedure Law;
2. The suspect suffers from a serious illness;
3. The criminal suspect is pregnant or nursing a baby;
4. The detention measures taken by the investigation organ against the criminal suspect exceed the statutory time limit;
5. Meet other conditions stipulated by law for obtaining a guarantor pending trial.
(2) A criminal suspect in custody or his legal representative or near relative requests a lawyer to apply for bail pending trial for the criminal suspect. If the lawyer considers that the legal conditions are met, he may apply for bail pending trial on his behalf.
(3) Where a lawyer applies for obtaining a guarantor pending trial for a criminal suspect, he shall apply to the relevant authorities. The application shall specify the facts, reasons and guarantee methods of the application, and indicate the name of the law firm, lawyer's name, mailing address and contact information, etc.
(4) After applying for bail for a criminal suspect in custody, a lawyer shall, within seven days, request the public prosecution organ to give a reply of approval or disapproval. For those who do not agree to obtain bail pending trial, lawyers have the right to ask them to explain the reasons for their disagreement, and may file a reconsideration or report to the relevant departments.
Acting as an agent for complaints and allegations
1. After understanding the case, if the lawyer thinks that the criminal suspect does not constitute a crime, is suspected of improper charges or does not belong to the investigation of criminal responsibility as stipulated in Article 15 of the Criminal Procedure Law, he can represent the criminal suspect to lodge a complaint with the relevant authorities and ask for correction.
2. Lawyers may appeal to the relevant departments on behalf of the criminal suspect if they find that the investigation organ has violated the personal rights, litigation rights or other legitimate rights and interests of the criminal suspect, or found illegal acts such as improper jurisdiction, illegal search and seizure.
It should be pointed out that lawyers can play a very important role in the judicial process. On the one hand, it can help the parties to communicate with each other through consultation and understand the relevant situation; On the other hand, they can legally and reasonably apply relevant laws to conduct reasonable judicial defense for the parties. If the evidence is successfully obtained at a critical time, it may affect the final judgment of the judicial organs. It should be noted that the relevant acts of proof and defense should be carried out within the scope permitted by law.