Everyone knows about civil litigation, criminal litigation and so on, and also knows that lawyers can be invited to participate when necessary, but do you know that criminal suspects can invite lawyers to participate in criminal proceedings during the investigation stage? Don't worry about this problem. Today, Bian Xiao has compiled the following contents to answer your questions, hoping to help you.
1. Can I hire a lawyer at the investigation stage?
You can hire a lawyer in the investigation stage. What rights do lawyers hired by criminal suspects have?
1. Ask the economic crime investigation department of the public security organ about the alleged charges of the criminal suspect.
2. Meet with the criminal suspect and learn about the case from the criminal suspect.
3. Provide criminal suspects with the right to appeal and accuse.
4. Apply for bail pending trial for the arrested criminal suspect.
5. When a lawyer requests to meet a criminal suspect suspected of economic crimes, he shall submit an application for meeting, an approval form for meeting, a copy of his practice certificate, an invitation letter and a letter of introduction from the law firm to the public security organ according to law, and the meeting can only be held after being examined by the investigation unit of the public security organ. In cases involving state secrets, the lawyer's meeting shall be approved by the investigation organ.
6. When meeting with a criminal suspect in custody, a lawyer shall abide by the laws and regulations concerning the meeting place. If there is any violation, the public security organ may immediately stop this meeting and notify the lawyer management department.
Second, the relevant laws and regulations:
According to the Criminal Procedure Law of People's Republic of China (PRC)
Article 34 stipulates that a criminal suspect has the right to entrust a defender from the day when he is interrogated for the first time by the investigation organ or takes compulsory measures; During the investigation, only lawyers can be entrusted as defenders. The defendant has the right to entrust a defender at any time.
When interrogating a criminal suspect for the first time or taking compulsory measures against him, the investigation organ shall inform him that he has the right to entrust a defender. The people's procuratorate shall, within three days from the date of receiving the case materials transferred for examination and prosecution, inform the criminal suspect that he has the right to entrust a defender. The people's court shall, within three days from the date of accepting the case, inform the defendant of the right to entrust a defender. If a criminal suspect or defendant requests to entrust a defender while in custody, the people's court, the people's procuratorate and the public security organ shall promptly convey it.
According to the Criminal Procedure Law of People's Republic of China (PRC)
Article 40 stipulates that defense lawyers may consult, extract and copy the case files from the date when the people's procuratorate examines and prosecutes the case. Other defenders may also consult, extract and copy the above materials with the permission of the people's court or the people's procuratorate.
Third, the characteristics of criminal proceedings:
Because the case is only in the investigation stage, lawyers can't go to the public security organs to check the relevant case materials of criminal suspects. From the date when the people's procuratorate examines and prosecutes the case, the defense lawyer may consult, extract and copy the case file. Other defenders may also consult, extract and copy the above materials with the permission of the people's court or the people's procuratorate. Therefore, the parties can verify according to the actual situation and relevant laws and regulations.
1. presided over by people's courts, people's procuratorates and public security organs.
2. It is an activity to realize the national penalty right.
3. In accordance with the procedures prescribed by law.
4. Participation of the parties and other participants in the proceedings.
In the investigation stage, the criminal facts have not been fully ascertained, and the case is still in the investigation and evidence collection stage, so it is generally unnecessary to hire a lawyer. However, in order to better handle the investigation of litigation cases and bail pending trial, criminal suspects can also ask lawyers for judicial expertise, improve the efficiency of handling litigation cases, and further clarify the application of the law.