What can an entrusted lawyer do in the investigation stage?
Criminal suspects are often detained in detention centers during the investigation stage, and no one can meet them except lawyers.
Therefore, lawyers can do the following work in the stage of review and prosecution:
1. When the lawyer meets the suspect, it will send him a signal: the family members already know about this matter and are actively trying to solve it instead of leaving him alone. This can alleviate the anxiety of the suspect and comfort his psychology. Many people's personal freedom is restricted, their living environment and social status change suddenly, and they are under great psychological pressure. If they are not freed in time, they will do many stupid things.
2. When a lawyer meets a criminal suspect, he can explain the accused charges and relevant legal knowledge to the criminal suspect, so that the criminal suspect can have a clear understanding of the legal provisions of the case involved and know what to do and what not to do;
3. When lawyers meet with criminal suspects, they can learn clues about their innocence or light guilt from the criminal suspects, help to do some work of fixing strong evidence, and prepare for successful defense in the future. Evidence is in danger of being lost at any time, and a temporary carelessness may lead to never obtaining favorable evidence;
4. Lawyers can avoid extorting confessions by torture to the greatest extent when meeting with criminal suspects. With the improvement of the legal environment, the situation of extorting confessions by torture has gradually decreased, but it does not rule out that a small number of case handlers handle cases illegally. The timely intervention of lawyers will make the case handlers feel uneasy when handling cases illegally. Avoid extorting confessions by torture to the utmost extent. If extorting a confession by torture does occur, lawyers can lodge complaints and accusations on behalf of the criminal suspect and safeguard the legitimate rights and interests of the criminal suspect.
5. By meeting with the criminal suspect, the lawyer can help the criminal suspect to correctly understand his behavior, so as to get the opportunity to make meritorious service and thus reduce the punishment;
6. In the investigation stage, lawyers can help criminal suspects to apply for bail pending trial according to the case.
To sum up, lawyers are needed during criminal detention. Being detained in criminal detention means that the crimes involved are serious, and you will face interrogation during detention, and the words during interrogation will be used as a confession.
Legal basis:
Article 36 of the Criminal Procedure Law of People's Republic of China (PRC)
Legal aid institutions can send lawyers to be on duty in people's courts, detention centers and other places. If the criminal suspect or defendant does not entrust a defender or the legal aid institution does not entrust a lawyer to defend him, the lawyer on duty will provide legal assistance to the criminal suspect or defendant, such as legal consultation, suggestions on procedure selection, application for changing compulsory measures, and suggestions on handling cases.
The people's courts, people's procuratorates and detention centers shall inform the criminal suspects and defendants that they have the right to meet the lawyers on duty, and provide convenience for the criminal suspects and defendants to meet the lawyers on duty.