Is it okay to review the prosecution and see a lawyer?

1. Can I see a lawyer when I review the prosecution? Lawyers have the right to meet criminal suspects and defendants. Meeting with criminal suspects and defendants is the basic work of lawyers' criminal defense business, and even the main work of lawyers in the investigation stage and prosecution stage. However, some lawyers have encountered such and such problems, and some lawyers met with them to perform official duties and become a mere formality. Second, what are the taboos for lawyers to meet with criminal suspects? First, lawyers should list the outline of the meeting before the meeting, not aimlessly. After accepting the entrustment, not meeting the criminal suspect or defendant is not only the disapproval of the customer, but also against professional ethics. But some lawyers meet for the purpose of meeting, without purpose or center. In fact, before the interview in the investigation stage, the lawyer had met with the police officer in charge of the case, and he could know the charges and part of the case. Before the meeting in the stage of review and prosecution, the lawyer has consulted and copied the litigation documents and technical appraisal materials, and should have a general understanding of the case. Before the meeting in the trial stage of the court, the lawyer had consulted and copied all the evidence materials in the file. As long as lawyers carefully analyze and study, they can find the doubts and difficulties of the case, list the detailed outline of the problem, and avoid superficial useless interviews. Second, lawyers are not allowed to bring family members of criminal suspects and defendants when meeting. As family members, they must be very concerned about the living conditions and physical conditions of criminal suspects and defendants, and of course they are more concerned about the future prospects of their families. Family members must be particularly excited to hear that lawyers are going to meet with criminal suspects and defendants. Although lawyers have repeatedly warned that family members are not allowed to attend the meeting, some family members just won't listen. Some detention centers may be lax, and some family members may have greeted them, so lawyers may follow them when they meet. Once the family members meet the criminal suspect or defendant, they may cry and make a scene, hold the building, and even deliver money and goods. If it fails, the lawyer will be in big trouble. If the leader in charge of the detention center or the procuratorate finds out, the lawyer will defend himself. Third, lawyers should not meet alone, but more than two people. Lawyers must meet more than two people, which is not mandatory by the Lawyers Law. Criminal cases can also be handled by lawyers. Some lawyers don't want to bother other lawyers, or they don't want to let a small amount of lawyer's fees flow out. There may be a meeting between lawyers. Some detention centers explicitly require lawyers to meet with the two people, while some detention centers have no prohibitive requirements in this regard. However, I suggest that lawyers meet with more than two people. Meeting more than two people can not only prevent the suspect and defendant from escaping, but also prevent the lawyer from being accidentally injured, and witnesses can be present when the suspect and defendant recant their confessions. Criminal suspects and defendants sometimes have ulterior motives and cannot be prevented. The lawyer suddenly fled when he met, and the lawyer was investigated. Mental disorder, sudden attack on lawyers; He was severely punished by the judicial department, saying that some lawyers made him retract his confession. Lawyers really have to be careful. Fourth, lawyers encounter untransferable evidence and letters. The gate of the detention center is a warning line, a red light and a minefield. No matter what kind of evidence or letter, lawyers have no right to pass it on privately. The confession, defense and appeal materials of criminal suspects and defendants shall be examined by the detention center before they are introduced or led out. Don't be afraid that others don't know unless you don't do it yourself. If lawyers send evidence and letters privately, then Article 306 of the Criminal Law may have left you a net. Some lawyers charge high attorney fees, taking risks for criminal suspects and defendants, and trying to break the law. In the end, there are not a few people who have been investigated for the crime of destroying evidence, forging evidence and obstructing testimony by defenders. Fifth, lawyers should ask whether they agree to provide legal services when they meet. Whether in the investigation stage, accepting the entrustment as the agent of the criminal suspect, or acting as the defender in the examination and prosecution stage and the first and second trial stages, although the law firm has signed an entrustment agreement with the relatives of the criminal suspect and defendant, and their relatives have also issued a power of attorney, the lawyer must always seek the opinions of the criminal suspect and defendant to see if they agree to provide legal help. At the same time, he has gained trust by telling who hired a lawyer for him. Soliciting the defendant's opinions is not only a respect for the defendant's right to defense, but also a coordination with the law. According to Article 39 of the Criminal Procedure Law: "During the trial, the defendant may refuse the defender to continue to defend him, or entrust another defender to defend him." If you try your best to defend yourself, but the defendant refuses in court, it is not only embarrassing, but also useless, that is, you are busy without permission. Sixth, lawyers should not let go of any doubts and difficulties in the case. There are always some doubts and difficulties in a case, which need to be solved urgently by lawyers. In fact, as long as the doubts and difficulties of the case are overcome, other problems may be solved. Why did you kill someone? Is there a time to commit the crime? Is the embezzled money finished? By what means? Why can we use the method of dismembering the body? Why stab the victim 20 times? What do you mean, step on the spot? What does "feeding" mean in drug trafficking? What do you mean by "Black Who"? What do you mean by "venting"? Why is confession repeated before and after? Lawyers must get answers from suspects and defendants. Sometimes it involves highly specialized cases, and criminal suspects and defendants are often experts in this field. At least, they are familiar with this professional process, such as discount, usance letter of credit, draft, promissory note, check and other financial expertise. Lawyers may wish to consult criminal suspects and defendants to find out their familiarity with this process knowledge and find out the root of their crimes. Seventh, lawyers can't let go of any defense points when meeting. The process of lawyers meeting with criminal suspects and defendants is also the process of capturing defense ideas from them. The prosecution opinion, indictment and judgment of first instance may not be regarded as statutory mitigating circumstances, or as discretionary mitigating circumstances, which lawyers may find when meeting with criminal suspects and defendants. For example, after the defendant sent a letter for the first time stating that he was a murderer and was arrested by the investigation organ, he should surrender himself. The defendant should perform meritorious service when he cooperates with the public security organ to arrest two accomplices. The defendant did not want the victim to die, nor did he try his best to investigate, but adopted a laissez-faire attitude, which should be an indirect intentional homicide with relatively little subjective malignancy. The defendant stabbed the victim more than 20 times because the victim raped him and abused him wantonly, and the victim was at fault. If the confession is repeated before and after, it is because there is a situation of extorting a confession by torture in the investigation stage. You should ask about the specific situation of extorting a confession by torture in detail to see if there is any evidence left. If the confession is really obtained by torture, then the confession obtained as the fruit of the poison tree should be excluded from the final evidence. Eighth, lawyers should not fail to inform them of their litigation rights and obligations when meeting. Criminal suspects and defendants are not lawyers, so it is impossible to fully understand their rights and obligations in litigation, otherwise lawyers will not be hired to provide legal aid. Is it dishonest to defend yourself? What if the prosecutor has a problem with him? Lawyers should inform them of their right to defense and the right to apply for withdrawal. How many stages does the court have? What problems should we pay attention to? Lawyers should inform the general stages of trial, namely, court investigation, court debate, final statement, comment and judgment. The prosecutor should be informed that after reading the indictment, he will be asked about his views on the indictment and will be questioned. After reading every piece of evidence, he has the right to cross-examine. When encountering difficult questions, the public prosecutor and the defenders of other defendants must not be nervous when asking questions, and must listen carefully before answering. If you don't hear or understand the questioner's intention clearly, be sure to let him state his question again in order to prepare his answer. If the defendant is familiar with the trial process, it may reduce the tension and may cooperate with the lawyer tacitly. To sum up, the procuratorate examines the suspect, the public security organ collects relevant evidence according to the regulations, and then the procuratorate initiates a public prosecution. However, the arrested suspect is not allowed to meet his relatives, but he can hire a lawyer to help with the case. During this period, the lawyer can meet the suspect.