After a criminal case occurs, the public security organ shall file a case and collect evidence, and the criminal suspect may hire a lawyer during his detention. In the process of handling cases, lawyers have the right to consult the case files, question witnesses and meet criminal suspects. These are the legal rights of lawyers, which are clearly stipulated in the Criminal Procedure Law. So, what are the provisions of the Criminal Procedure Law on meeting? Let's learn more about it through this article.
1. What are the provisions of the Criminal Procedure Law on meeting?
1, meeting time. In the investigation stage, the time for a criminal suspect to hire a lawyer is advanced from "after the first interrogation" in the current criminal procedure law to "from the date of the first interrogation", and the new criminal procedure law also cancels the restriction that a criminal suspect involved in a state secret case can only hire a lawyer with the approval of the investigation organ. Completely absorbed the provisions of the lawyer law.
2. Meeting procedures. The new Criminal Procedure Law has absorbed Article 33 of the Lawyers Law, which stipulates that "when a lawyer meets, he can produce a lawyer's practice certificate, a certificate of law firm, a power of attorney or a letter of legal aid" (three certificates).
3. Meeting procedures. The provision that lawyers are not allowed to be monitored when meeting criminal suspects and defendants cancels the provision that the investigation organ can send personnel to be present at the investigation stage according to the situation in the current criminal procedure law. For general cases, the lawyer's meeting should be directly submitted to the detention center and must be arranged within 48 hours at the latest. To some extent, this provision solves the problem that lawyers must be arranged by the case-handling organ during the investigation stage, but the 48-hour grace period in the detention center may bring new problems in practice. Moreover, once "forty-eight hours" becomes the norm, it will directly affect the overall meeting effect in the three stages of investigation, review, prosecution and trial.
Article 39 of the Criminal Procedure Law: A defense lawyer may meet and correspond with a criminal suspect or defendant 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.
If a defense lawyer holds a lawyer's practice certificate, a law firm's certificate, a power of attorney or a letter of legal aid to ask for a meeting with the criminal suspect or defendant in custody, the detention center shall arrange the meeting in time, which shall not exceed 48 hours at the latest.
In criminal cases endangering national security and terrorist activities, defense lawyers should obtain permission from the investigation organ when meeting with the criminal suspect in custody during the investigation. The investigation organ shall notify the detention center of the above situation in advance.
When a defense lawyer meets 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.
The provisions of the first, third and fourth paragraphs shall apply to the meetings and correspondence between defense lawyers and criminal suspects and defendants who are under surveillance.
Second, what is the scope of the lawyer's meeting?
Although the new criminal procedure law abolished the restriction that lawyers should obtain the consent of the investigation organ during the investigation stage of cases involving state secrets, it increased the restriction that "defense lawyers should obtain the consent of the investigation organ when meeting detainees during the investigation". Therefore, in fact, compared with the current Criminal Procedure Law and Lawyers Law, the scope for lawyers to meet with detainees during investigation has been expanded. That is, the lawyer's right to meet is obviously reduced compared with the current legal provisions.
3. What is the purpose of establishing a lawyer meeting system?
The purpose of establishing lawyer interview system according to law is to ensure that criminal suspects and defendants can realize their litigation rights in the process of criminal proceedings. Criminal suspects and defendants are in a passive position in the process of criminal proceedings, especially those who have been taken criminal compulsory measures. They are in a state of detention and restriction of personal freedom. They are bound to be restricted in exercising their litigation rights, and of course there are certain limitations. Therefore, it is a favorable way for lawyers to meet them, understand their wishes, provide them with legal help, and file complaints and accusations on their behalf when their rights are violated.
To sum up, meeting criminal suspects is the basic right of lawyers. According to the provisions of the Criminal Procedure Law on meeting, lawyers should exercise the right to meet in strict procedures and within a certain scope. Like some special cases, such as crimes against national security, lawyers are not allowed to meet. Before preparing for the meeting, lawyers should also prepare relevant materials, including lawyer's practice certificate and court official letter.