During criminal detention, only lawyers can act as defenders and meet criminal suspects according to law. 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. During the period from the date of criminal detention to the date of judgment of the people's court, only defense lawyers can meet with the criminal suspect, and defense lawyers can provide defense opinions and apply for changing compulsory measures.
The specific process of criminal cases:
1, investigation and filing: the investigation organ accepts the report of the informant or the complainant, or the investigation organ finds the criminal clue by itself and files a case for investigation; The vast majority of criminal cases are investigated by public security organs, and very few cases are investigated by procuratorates;
2. Transfer for review and prosecution: After the investigation is completed, the investigation organ thinks that the suspect is suspected of committing a crime, and files a public prosecution with the people's procuratorate, and submits the prosecution opinions with the evidence of the whole case; In the stage of examination and prosecution, defenders can consult the whole case file, among which the most important file is the prosecution opinion of the public security organ, which can fully display the investigation ideas and case facts of the public security organ;
3. Initiating public prosecution: After examining the cases transferred by the investigation organs, the procuratorial organs initiate public prosecution in the people's courts for cases with sufficient evidence. Cases with insufficient evidence shall be returned for supplementary investigation;
4. Trial: the people's court accepts the case prosecuted by the procuratorate, organizes the prosecution and the defense to cross-examine and debate the evidence, listens to the defendant's statement, and makes a guilty or innocent judgment based on the evidence of the whole case;
5. Execution: A guilty criminal judgment shall be handed over to the executing organ for execution after the judgment takes effect. Enforcement agencies include prisons, detention centers, community and judicial offices. After the judgment of first instance, you can appeal within ten days. If appealed, the case will go to the second instance. If no appeal is made, the judgment will take effect after the expiration and be delivered for execution.
To sum up, during the period of criminal detention, lawyers can see that only defense lawyers can meet the criminal suspect from the date when the criminal suspect is taken into criminal detention until the people's court decides, and defense lawyers can provide their own defense opinions and apply for changing compulsory measures.
Legal basis:
Article 39 of the Criminal Procedure Law of People's Republic of China (PRC)
Defenders' right to meet and communicate. Defense lawyers can meet and communicate 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.