First of all, the advantages of hiring a lawyer at the investigation stage
Advantages of hiring a lawyer at the investigation stage:
1. Provide legal advice to criminal suspects to help them understand relevant laws and regulations and explain relevant legal issues.
2. Acting as an agent for complaints and accusations, acting as an agent for criminal suspects to tell grievances to relevant departments, to defend themselves, and to accuse investigators and other relevant personnel of infringing the legitimate rights of criminal suspects.
3. Apply for bail pending trial for the criminal suspect. Whether the lawyer's bail pending trial is valid or not, he should apply to the investigation organ for bail pending trial after criminal detention. This is the lawyer's right and the main work that can be carried out at this stage. Lawyers' application to the investigation organ for bail pending trial is based on China's criminal procedure law and the provisions of the three departments on several issues concerning bail pending trial.
4. Other jobs. If there is a civil dispute, you can participate in mediation activities as an agent and draft legal documents such as mediation agreements and letters of understanding. In addition, if there are criminal facts, such as fraud, theft of property, etc., we should actively communicate and return them to avoid criminal punishment or misdemeanor.
2. When does the reconnaissance phase in criminal proceedings begin to be counted?
The investigation stage in criminal proceedings is counted from the date when the case-handling organ files a criminal case. After the case is put on file, the case-handling organ shall conduct an investigation and collect and obtain the legal basis for the suspected crime: Article 115 of the Criminal Procedure Law of People's Republic of China (PRC).
Third, can you get bail pending trial in the investigation stage?
Mind you, you can get bail pending trial if you meet the requirements in the investigation stage.
According to Article 51 of the Criminal Procedure Law, the people's courts, people's procuratorates and public security organs may release a criminal suspect or defendant on bail pending trial or under residential surveillance under any of the following circumstances:
1. May be sentenced to public surveillance, criminal detention or independent application of supplementary punishment;
2. It may be sentenced to more than fixed-term imprisonment, and taking bail pending trial and residential surveillance will not cause social danger.
Bail pending trial and residential surveillance shall be carried out by public security organs.