1, the natural conditions of the criminal suspect;
2. Whether to participate and how to participate in the suspected case;
3. If guilty, state the main facts and circumstances related to conviction and sentencing;
4. If you think you are innocent, state a plea of innocence;
5. Whether the legal procedures of compulsory measures are complete and legal;
6. Whether their personal rights and litigation rights have been violated after taking compulsory measures;
7. Other information you need to know.
meeting place
(1) Meeting with the criminal suspect living under surveillance
The meeting with the criminal suspect under surveillance may be conducted at the criminal suspect's residence or the surveillance residence designated by the investigation organ. Others should not attend the meeting, but if the criminal suspect is a minor or blind, deaf or dumb, his legal representative or close relatives should attend the meeting. Moreover, the lawyers met and were not monitored.
(2) Meeting with the criminal suspect who was finally detained.
Meeting with a criminal suspect who is not in custody can be conducted at his residence, unit or law firm. Others should not attend the meeting, but if the criminal suspect is a minor or blind, deaf or dumb, his legal representative or close relatives should attend the meeting. Moreover, the lawyers met and were not monitored.
(3) Meeting with the criminal suspect in custody
The meeting with the criminal suspect in custody shall be held in the place of detention.
The main differences between criminal defense and criminal agency are:
1, depending on. The basis for criminal defenders to participate in litigation is the authorization of criminal suspects and defendants or the designation of the court. The basis for criminal agents to participate in litigation can only be the authorization of the parties, their legal representatives and close relatives.
2. The litigation status is different. Although neither the defender nor the agent is the subject of criminal proceedings, the defender has an independent litigation status, defends on his own will, and is not bound by criminal suspects or defendants. An agent does not have an independent litigation status, but is attached to the principal and engages in agency activities according to the will of the principal.
3, the scope of application is different. Criminal defense is applicable to criminal suspects, defendants and defendants in public prosecution cases; Criminal agency is applicable to victims in public prosecution cases, private prosecutors in private prosecution cases and parties in incidental civil actions. The litigation interests of the two objects are often opposite.
4. Different litigation tasks. Criminal defense assumes the defense function, that is, refuting the accusation of the procuratorial organ and proving that the criminal suspect or defendant is innocent or guilty, and criminal responsibility should be reduced or exempted. The duty of criminal agency is to safeguard the legitimate interests of clients.
5. The scope of authority is different. The rights enjoyed by criminal defenders are endowed by law, and there is no question of authorization of defendants and criminal suspects. Authorization only allows defenders to participate in litigation, and whether criminal agents participate in litigation and engage in activities within what scope of authority needs authorization to decide.
6. The content of rights is different. Criminal defenders enjoy a wide range of rights, such as the right to meet and correspond, as stipulated by law. Some rights are not even enjoyed by criminal suspects and defendants, while the rights enjoyed by criminal agents are granted by the client and cannot exceed the scope of authority of the client.
7. The name of the activity is different. The criminal defender uses his own name when investigating and collecting evidence and submitting the defense, and the criminal agent uses the name of the principal when carrying out activities.
I hope the above content can help you. If in doubt, please consult a professional lawyer.
Legal basis:
Article 39 of the Criminal Procedure Law of People's Republic of China (PRC)
Defense lawyers can meet and correspond with criminal suspects and defendants 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.