The procedure for handling fraud crimes is roughly divided into three stages:
1. Investigation stage: the public security organs can criminally detain current offenders or major suspects. Detainees should be questioned within 24 hours of detention. After the first interrogation by the investigative agency or from the date when compulsory measures are taken, the criminal suspect may hire a lawyer to provide legal consultation and represent the person in making appeals and accusations.
The hired lawyer has the right to learn from the investigation agency about the crimes suspected of the criminal suspect, and can meet with the criminal suspect in custody to learn about the relevant case situation from the criminal suspect.
2. Review and prosecution stage: When the People’s Procuratorate reviews and prosecutes a case, it shall interrogate the criminal suspect and listen to the opinions of the victim, the criminal suspect, and the person entrusted by the victim. In public prosecution cases, from the date the case is transferred for review and prosecution, the criminal suspect has the right to entrust a defender. The defendant in a private prosecution case has the right to entrust a defender at any time.
The People’s Procuratorate shall, within three days from the date of receipt of case materials transferred for review and prosecution, inform the criminal suspect of the right to entrust a defender. The People's Court shall, within three days from the date of accepting a private prosecution case, notify the defendant of the right to entrust a defender.
From the date of review and prosecution of the case by the People's Procuratorate, defense lawyers can review, excerpt, and copy the litigation documents and technical appraisal conclusion materials of the case, and can meet and communicate with criminal suspects in custody.
The People's Procuratorate shall make a decision within one month on cases transferred for prosecution by the public security organs. For major and complex cases, the extension can be extended by half a month.
If the People's Procuratorate believes that the criminal suspect's criminal facts have been ascertained, the evidence is reliable and sufficient, and criminal responsibility should be investigated in accordance with the law, it shall make a decision to prosecute and file a public prosecution in the People's Court in accordance with the provisions of trial jurisdiction.
3. Trial stage: The People's Court shall review the prosecution case and decide to open a trial if the indictment clearly accuses the criminal facts and is accompanied by an evidence catalog, a witness list and copies or photos of the main evidence. Trial. Except for cases involving state secrets and personal privacy, people's courts shall hear first-instance cases in public.
From the day the People's Court accepts the case, defense lawyers may review, excerpt, and copy materials related to the criminal facts charged in this case, and may meet with and correspond with defendants in custody. During the trial, the defense lawyer defends the defendant.
Article 33 of the Criminal Procedure Law: In addition to exercising the right to defend themselves, criminal suspects and defendants may entrust one or two people as defenders. The following people can be entrusted as defenders:
(1) Lawyers;
(2) People’s organizations or the units where criminal suspects and defendants work recommended by people’s organizations;
(3) Guardians, relatives and friends of criminal suspects and defendants.
Persons who are serving a sentence or who have been deprived or restricted of personal freedom in accordance with the law shall not serve as defenders.
Persons who have been dismissed from public office or whose practicing certificates as lawyers or notaries have been revoked may not serve as defenders, except for guardians and close relatives of criminal suspects and defendants.
Warm reminder
The above answers are only based on the current situation and my understanding of the law. Please refer to it carefully!
If you still have questions about this issue, it is recommended that you sort out relevant information and communicate with professionals in detail.