Lawyers can see suspects, but not lawyers.
In the investigation stage of criminal cases, only lawyers can meet the parties. If you don't hire a lawyer, the family members can't meet the parties during the investigation stage, which is not conducive to understanding the case:
If a lawyer is invited, the lawyer's meeting can also calm the suspect's mood, and can also express his family's concern and support for the incident, so that the suspect can cope with the follow-up procedure in a better mental state.
Second, it is more conducive to fully understanding the facts of the case.
Lawyers can understand the facts of the case, formulate defense strategies in advance, and fully communicate with criminal suspects on the facts so as to carry out defense work as soon as possible.
Compared with not asking for a lawyer, asking for a lawyer is more conducive to the criminal suspect and his family to know the truth of the case.
Three, lawyers can explain the charges involved for the criminal suspect.
Ask a lawyer to explain the prosecution standard and sentencing provisions of a crime to the criminal suspect, so that the criminal suspect can know what crime will be constituted under what circumstances, so that the criminal suspect can have a clearer understanding of his behavior and make positive preparations for his defense in court in the future.
If you don't hire a lawyer, it is likely that the criminal suspect will have a little knowledge of the charges he is suspected of, which is not conducive to safeguarding his legitimate rights and interests.
Four, lawyers can represent the complaint or accusation.
Criminal suspects know very little about relevant laws and regulations, so it is difficult to tell whether the actions of staff such as investigation organs and detention centers infringe on their legitimate rights and interests or extort confessions by torture. At this time, lawyers are needed to explain, analyze and represent their own complaints or accusations against illegal acts.
If you don't hire a lawyer, the suspect may not know how to defend and maintain when his legitimate rights and interests are violated.
References:
Relevant laws and regulations:
Criminal procedure law:
Article 35
Responsibility of defender
The responsibility of a defender is to provide materials and opinions on whether a criminal suspect or defendant is innocent, light or relieved of criminal responsibility according to facts and laws, and to safeguard the litigation rights and other legitimate rights and interests of the criminal suspect or defendant.
Article 36
The rights of defense lawyers in the investigation stage
Defense lawyers can provide legal aid to criminal suspects during investigation; Acting as an agent for complaints and accusations; Apply for changing compulsory measures; Ask the investigation organ about the crimes and cases suspected by the criminal suspect, and put forward opinions.
Article 37
Defenders' right to meet and correspond.
Defense lawyers can meet and correspond with criminal suspects and defendants in custody. Other defenders, with the permission of the people's courts and people's procuratorates, may also meet and correspond with criminal suspects and defendants in custody.
If a defense lawyer holds a lawyer's practice certificate, a law firm's certificate, a power of attorney or a letter of legal aid to ask for a meeting with the criminal suspect or defendant in custody, the detention center shall arrange the meeting in time, which shall not exceed 48 hours at the latest.
In cases of crimes endangering national security, terrorist activities and particularly serious bribery crimes, defense lawyers should obtain permission from the investigation organ when meeting with the criminal suspect in custody during the investigation. The investigation organ shall notify the detention center of the above situation in advance.
When a defense lawyer meets a criminal suspect or defendant in custody, he can understand the case and provide legal advice. From the date when the case is transferred for examination and prosecution, the relevant evidence may be verified with the criminal suspect or defendant. Defense lawyers are not monitored when meeting with criminal suspects and defendants.
The provisions of the first, third and fourth paragraphs shall apply to the meetings and correspondence between defense lawyers and criminal suspects and defendants who are under surveillance.
Article 42
Obligations of defenders
A defender or any other person shall not help a criminal suspect or defendant to conceal, destroy, forge evidence or collude in confession, and shall not threaten or induce witnesses to commit perjury or engage in other acts that hinder judicial proceedings.
Anyone who violates the provisions of the preceding paragraph shall be investigated for legal responsibility according to law. If a defender is suspected of committing a crime, it shall be handled by an investigation organ other than the investigation organ where the defender undertakes the case. If the defender is a lawyer, he shall promptly notify the law firm where he belongs or the lawyers association to which he belongs.
References:
Database of laws and regulations-People's Republic of China (PRC) Criminal Procedure Law