Defense lawyers can learn about the case from the investigation organ and the criminal suspect, and have the right to put forward opinions to the investigation organ to safeguard the legitimate rights and interests of the criminal suspect.
In the investigation stage, lawyers can also communicate with the investigation organ about the cases they know, thus helping the investigation organ to clarify the investigation direction and punish the crime accurately.
The detention center has the obligation to arrange lawyers to meet criminal suspects in time, and the above time limit is clearly stipulated by legislation, which greatly shortens the time for the detention center to arrange lawyers to meet criminal suspects.
The secrecy of the way lawyers meet with criminal suspects, no longer accompanied by investigators, is conducive to full communication and mutual trust between lawyers and criminal suspects, thus better safeguarding the legitimate rights and interests of criminal suspects.
Extended data:
Article 39 of the Criminal Procedure Law stipulates that 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 criminal cases endangering national security and terrorist activities, 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.
Beijing procuratorial network-protection and relief of defense lawyer's rights