1. What is a search?
It refers to the search and inspection of the body, articles, residence and other relevant places of criminal suspects and people who may hide criminals or criminal evidence in order to collect criminal evidence.
2. Who should exercise the right of search?
1. Searches must be conducted by investigators of public security organs, procuratorial organs and other investigation organs. When conducting a search, there shall be no less than two investigators, and the person to be searched shall produce a search warrant, otherwise the person to be searched shall have the right to refuse the search.
2, in the execution of arrest and detention, in case of the following emergency, you can also search without a search warrant:
(1) may carry a murder weapon with him;
(2) It is possible to hide explosive, highly toxic and other dangerous goods;
(3) It is possible to conceal, destroy or transfer criminal evidence;
(4) It is possible to conceal other criminal suspects;
(5) Other emergencies.
3. What rights do lawyers have in criminal proceedings?
(1) has the right to perform defense duties according to law, which is protected by national laws and is not interfered by any unit or individual;
(2) Have the right to consult the case file and understand the case;
(3) Have the right to meet and communicate with criminal suspects and defendants in custody;
(4) Having the right to investigate and collect evidence from relevant units and individuals with permission or consent; (Note that this is not a search right)
(5) Have the right to apply for an adjournment;
(6) The court has the right to ask questions during the investigation;
(seven) have the right to ask and cross-examine witnesses and testimonies, and raise objections to the evidence;
(8) Have the right to apply for obtaining new evidence;
(9) Have the right to participate in court debates;
(10) has the right to refuse to defend;
(1 1) With the consent of the defendant, the defendant has the right to appeal on his behalf;
(12) has the right to sue. According to Article 14 of the Criminal Procedure Law, defense lawyers have the right to accuse judges, prosecutors and investigators of infringing citizens' litigation rights or personal insults;
(13) Have the right to obtain copies of litigation documents such as the complaint, protest, indictment, private prosecutor's appeal, court judgment and ruling;
(14) Have the right to get the notice of defense three days before the court session;
(15) Have the right to know from the public security organ the alleged charges of the criminal suspect in the investigation stage;
(16) The right to meet the criminal suspect and learn about the case from him;
(17) The right to provide legal advice, appeal and accusation on behalf of criminal suspects;
(18) The right of arrested criminal suspects to apply for bail pending trial.
The above 1- 14 is mainly the right of lawyers to act as defenders, while the above 15- 18 is mainly the litigation right that lawyers should enjoy when providing legal assistance to criminal suspects in the investigation stage.