This is also a right that the family members of the parties value most. After many family members entrust lawyers, the most urgent thing is for lawyers to meet the criminal suspect in the detention center and understand his situation inside, whether he is in pain or not, and how he feels.
In fact, in addition to the above work, defense lawyers can further understand the case and provide legal advice. If the case is vague or contrary, they can ask the client to state it in detail, so that lawyers can look for evidence in their favor.
Otherwise, it may be difficult to change it when the public security organs finalize the case in the future. In addition, the defense lawyer can also inform the client of his rights, such as the right to sign after verifying the transcript and how to protect himself in the prison room.
These simple questions in the eyes of lawyers sometimes play an unpredictable role in sentencing criminal suspects.
Secondly, apply for bail pending trial.
In China, for criminal suspects in criminal cases, custody is the principle, and bail pending trial is the exception. Therefore, many families are particularly eager to enjoy this exception.
3. Communicate with the case-handling organ
Many times, the case-handling organs are unwilling to communicate directly with the families of criminal suspects. For some felons, if they tell the truth, their families will overreact, so many times the case handlers will perfunctory their families to reassure them.
Before or after meeting the criminal suspect, the defense lawyer may ask the case-handling organ for information and communicate with the case-handling organ with evidence or clues that are beneficial to the criminal suspect. Generally speaking, the case-handling organs still respect the opinions of lawyers.
4. Acting as an agent for complaints and accusations
If the legitimate rights and interests of a criminal suspect are infringed upon in the process of handling a case, the defense lawyer may appeal and accuse on his behalf. The legitimate rights and interests of criminal suspects may be infringed by people or property.
For personal injury, the defense lawyer can appeal to the relevant authorities in time. For property, if the suspect signs a power of attorney. A defense lawyer may collect the property seized by him in the case-handling organ on his behalf.
5. Submit a defense opinion
After understanding the basic situation of the case, the defense green silk can submit her own legal opinions to the case-handling organ in writing, just as she submitted her defense opinions at the stage of examination and prosecution and her defense arguments at the stage of trial. These written materials are still necessary.
Of course, in addition to these materials, you can also submit appeal materials, applications for bail pending trial, applications for investigation and evidence collection, and so on. On the one hand, these written materials are the records of the lawyer's defense process, on the other hand, they will be put into the file and become the basis for future case review.
Extended data
Criminal procedure law
Article 115 A public security organ shall investigate a criminal case that has been put on file, and collect and obtain evidence of the criminal suspect's guilt or innocence, whether the crime is minor or serious. An active criminal or a major suspect may be detained in advance according to law, and a criminal suspect who meets the conditions for arrest shall be arrested according to law.
Article 116 After investigation, the public security organ shall conduct a preliminary examination of cases with evidence to prove criminal facts, and verify the evidence materials collected and collected.
Article 117 If a party, his defender, agent ad litem or interested party commits any of the following acts against the judicial organ and its staff, he has the right to lodge a complaint or accusation with the judicial organ:
(a) the compulsory measures are not lifted, lifted or changed at the expiration of the statutory time limit;
(2) The bail bond that should be returned has not been returned;
(3) Take measures of sealing up, distraining and freezing the property irrelevant to the case;
(four) the seizure, seizure and freezing should be lifted;
(5) Seizing, misappropriating, dividing up, exchanging or using the sealed-up, seized or frozen property in violation of regulations.
The organ that accepts the complaint or accusation shall deal with it in time. If you are dissatisfied with the handling, you may appeal to the people's procuratorate at the same level; Cases directly accepted by the people's procuratorate may appeal to the people's procuratorate at the next higher level. The people's procuratorate shall promptly examine the complaint, and if the situation is true, notify the relevant authorities to correct it.
Section 2 Interrogation of Criminal Suspects
Article 118 The interrogation of a criminal suspect must be conducted by investigators of a people's procuratorate or a public security organ. During interrogation, there shall be no fewer than two investigators.
After the criminal suspect is sent to the detention center for custody, the investigators shall interrogate him in the detention center.
Article 119 A criminal suspect who does not need to be arrested or detained may be summoned to a designated place in the city or county where the criminal suspect is located or to his residence for interrogation, but the certificate of the people's procuratorate or the public security organ shall be produced. A criminal suspect found at the scene may be summoned orally, but it shall be indicated in the interrogation record.
The duration of summons or summons shall not exceed twelve hours; If the case is particularly serious and complicated and detention or arrest measures are needed, the time limit for summoning or compulsory summoning shall not exceed 24 hours.
The criminal suspect shall not be detained in disguised form by means of continuous summons or compulsory summons. When summoning or detaining a criminal suspect, the suspect shall be guaranteed food and drink and necessary rest time.
Article 110 When interrogating a criminal suspect, investigators should first ask whether the criminal suspect has committed a crime, let him state his guilt or innocence, and then ask him questions. A criminal suspect shall truthfully answer the questions of investigators. However, we have the right to refuse to answer questions irrelevant to this case.
When interrogating a criminal suspect, investigators should inform the criminal suspect of his litigation rights and truthfully confess the legal provisions that his crime can be dealt with leniently and pleaded guilty and given a lighter punishment.
Article 112 When interrogating a deaf-mute criminal suspect, people who are proficient in deaf-mute gestures should participate, and this situation should be clearly recorded.
Article 122 The interrogation record shall be checked by the criminal suspect, and read to him if he can't read. If there are omissions or errors in the record, the criminal suspect may make additions or corrections.
The criminal suspect shall sign or seal his name after admitting that it is correct in the record. Investigators should also sign the records. If a criminal suspect asks to write a confession himself, it shall be allowed. When necessary, investigators may also ask the criminal suspect to write a confession in person.
Article 123 Investigators may record or video the interrogation process when interrogating a criminal suspect. For cases that may be sentenced to life imprisonment or death penalty or other major criminal cases, the interrogation process shall be recorded or videotaped.
Audio or video recording should run through the whole process and remain intact.