Duty lawyer system

Article 16, paragraph 2, of the newly revised Procedures for Handling Criminal Cases by Public Security Organs: Domicile includes domicile and habitual residence. The habitual residence refers to the place where citizens have lived continuously for more than 1 year, except for hospitalization. The registered domicile of a unit is its domicile. Where the location of the main business premises or the main office is inconsistent with the registered residence, the location of the main business premises or the main office is its residence. The main innovations are as follows: First, hospitalization is excluded from the concept of continuous residence. The second is to determine the domicile where the main business premises and main office premises are located. Article 46 of the newly revised "Procedures for Handling Criminal Cases by Public Security Organs" specifies the time limit for notification of legal aid, which meets one of the following circumstances. If the criminal suspect fails to entrust a defender, the public security organ shall, within three days from the date of discovering the situation, notify the legal aid institution to appoint a defense lawyer for the criminal suspect: (1) The criminal suspect is a mental patient who is blind, deaf or dumb or has not completely lost the ability to identify or control his own behavior; (2) The suspect may be sentenced to life imprisonment or death. Article 47 After receiving an application for legal aid from a criminal suspect in custody, the public security organ shall transfer the application to the local legal aid institution within 24 hours, and notify the legal representative, close relatives or other personnel entrusted by the applicant to assist in providing relevant documents, certificates and other relevant materials within 3 days. If the address of the legal representative, close relatives or other personnel entrusted by the criminal suspect is unknown and cannot be notified, the legal aid institution shall be informed together with the application. The main innovations are as follows: first, it is clear that special criminal suspects should be equipped with defenders, and public security organs should notify legal aid institutions within three days. Second, if applying for legal aid, the public security organ shall notify the relevant personnel to provide materials within three days. Three. The duty lawyer system and the responsibilities of the detention center were clarified. Article 49 The duty lawyer system If a criminal suspect or defendant enters a detention center without entrusting a defender and a legal aid institution fails to entrust a lawyer to provide defense, the detention center shall inform him of his right to meet with the duty lawyer, get legal advice, make suggestions on procedure selection, apply for changing compulsory measures, and put forward opinions on handling cases, and provide convenience for the criminal suspect or defendant to meet with the duty lawyer. If a criminal suspect or defendant who has not entrusted a defender or a legal aid institution has not entrusted a lawyer to provide defense, the detention center shall notify the lawyer on duty to provide legal aid within 24 hours. The main innovations are as follows: First, the duty lawyer system is clarified, and the detention center should inform the parties of their right to meet the duty lawyer. Second, if a criminal suspect in custody applies for a lawyer on duty, the detention center shall notify him within 24 hours. Fourth, the time limit for obtaining evidence is clearly defined. Newly revised "Procedures for Public Security Organs to Handle Criminal Cases" (Approved by Team Leader) Article 62 When a public security organ takes evidence from relevant units and individuals, it shall obtain the approval of the person in charge of the case-handling department and issue a notice of taking evidence, stating the time limit for taking evidence and providing it. The transferred unit, its agent and the individual holding the evidence shall sign or seal the notice. Refuse to seal or sign, the public security organ shall indicate. When necessary, the content of evidence and the process of obtaining evidence shall be fixed by audio and video recording. Legal basis "Regulations on Procedures of Public Security Organs Handling Criminal Cases"