In the stage of public prosecution, the people's procuratorate is a litigation activity to examine and verify the criminal facts and evidence, the nature of the crime and the charges confirmed by the investigation organ, and make a decision to decide whether to prosecute the criminal case after investigation. The people's procuratorate decides whether to prosecute or not according to the facts ascertained in the investigation stage. According to Article 170 of the Criminal Procedure Law, people's procuratorates should listen to the opinions of defenders when examining cases. Therefore, the lawyer's work at this stage mainly focuses on whether the evidence of conviction and sentencing is true and sufficient, whether the evidence beneficial to the criminal suspect is omitted (the crime is light and innocent), whether it is necessary to collect new evidence, and whether the case meets the conditions of non-prosecution. At the stage of arrest, the lawyer's main duty is to understand the case, and he can't write defense opinions at this time. After the arrest, the relatives of the suspect are not allowed to visit, and only the defense lawyer can request to meet the suspect with a power of attorney. In addition, the defense lawyer of the subject of the crime can also consult the case file. Therefore, it is the lawyer's duty to meet the suspect and consult the case file during the arrest stage.
Legal objectivity:
Article 40 of the Criminal Procedure Law of People's Republic of China (PRC) * * * Since 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.