(2) Lawyers handle cases.
1. The law firm and the client signed an entrustment agreement in duplicate, one for the client and one for the law firm to file;
2. The power of attorney signed by the client is in triplicate, one for the case-handling organ, one for the contractor and one for the client;
3, the law firm lawyers according to the official letter, sent by the lawyer to the case handling organ.
Contact with the public prosecution agency
After accepting the entrustment, the lawyer shall get in touch with the public prosecution organ in time, submit the power of attorney and the letter of introduction from the law firm, and produce the lawyer's practice certificate.
Defense lawyers have the right to consult, extract and copy the litigation documents and technical appraisal materials in this case.
Meetings and communications
(1) At the stage of examination and prosecution, the defense lawyer can meet the criminal suspect at any time without the approval of the procuratorate.
(2) A defense lawyer may correspond with a criminal suspect, but the content shall be related to the case.
(3) When a lawyer meets with a criminal suspect, he may ask questions about the following cases:
1, the natural situation of the suspect;
2. Whether to participate and how to participate in the suspected case;
3. The main facts and circumstances involved in conviction and sentencing or plea of innocence.
4. Apply for bail pending trial for the criminal suspect.
(1) A criminal suspect in custody or his legal representative or near relative requests a lawyer to apply for bail pending trial for the criminal suspect. If the lawyer considers that the legal conditions are met, he may apply for bail pending trial on his behalf.
(2) Where a lawyer applies for obtaining a guarantor pending trial for a criminal suspect, he shall apply to the relevant authorities. The application shall specify the facts, reasons and guarantee methods of the application, and indicate the name of the law firm, lawyer's name, mailing address and contact information, etc.
Legal basis:
Criminal Procedure Law of the People's Republic of China
Article 40 From the date when the people's procuratorate examines and prosecutes a 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.
Article 41 Defenders who believe that the evidence materials collected by public security organs and people's procuratorates to prove the innocence or minor crimes of criminal suspects and defendants have not been submitted have the right to apply to the people's procuratorates and people's courts for retrieval.
Article 42 The evidence collected by the defender that the criminal suspect is not at the scene of the crime, has not reached the age of criminal responsibility, and belongs to a mental patient who is not criminally responsible according to law, shall promptly inform the public security organ and the people's procuratorate.
1. Article 169 of the Criminal Procedure Law stipulates that the people's procuratorate shall make a decision within 1 month on the case transferred for prosecution by the investigation organ, and the major and complicated case may be extended by half a month.
2. If the people's procuratorate examines and prosecutes a case and changes its jurisdiction, the time limit for examination and prosecution shall be counted from the date when the changed people's procuratorate receives the case. This article clearly stipulates the time limit for examination and prosecution and the calculation of the time limit for examination and prosecution after changing jurisdiction. This provision is a summary of long-term review and prosecution experience, which meets the requirements of accurate and timely handling of cases.
3. According to the third paragraph of Article 171 of the Criminal Procedure Law, after the supplementary investigation is terminated and transferred to the people's procuratorate, the time limit for the people's procuratorate to review and prosecute shall be recalculated.