Circumstances that should be designated: blind, deaf and mute people; ② people who have not completely lost or controlled their own behavioral abilities
mentally ill people; ③ minors; ④ people who may be sentenced to life imprisonment or death If a criminal suspect or defendant does not retain a defender due to financial difficulties or other reasons, he or his close relatives may apply to a legal aid agency. If they meet the conditions for legal aid, the legal aid agency shall assign a lawyer to provide defense for them.
Attachment: Litigation rights of investigators (i.e. entrusted lawyers)
Litigation rights of investigators
Provide legal assistance to criminal suspects; represent appeals, Complain; apply for changes in compulsory measures; learn about the suspect's charges and case circumstances from the investigation agency, put forward opinions, and meet and communicate with criminal suspects in custody. They may also meet and correspond with suspects in custody.
Have the right to apply for release on bail pending trial
No investigation or evidence collection, no examination of papers.
Hire a lawyer
A criminal suspect has the right to hire a lawyer from the first day he is interrogated or is subject to compulsory measures
The criminal suspect in custody has the right to hire a lawyer If a lawyer proposes a clear name of a law firm or directly entrusts a lawyer,
the People's Procuratorate shall promptly forward the criminal suspect's entrustment opinion to the law firm; relatives and friends shall propose the appointment on their behalf
If the criminal suspect proposes to hire a lawyer,
but there is no specific person to hire and he hires one on his behalf, the People's Procuratorate shall notify the local lawyers association or judicial administration
The agency recommended a lawyer for him.
Interview
Document requirements: The entrusted lawyer can request an interview with a lawyer's practicing certificate, a law firm certificate and a power of attorney or an official legal aid letter
However, interviews during the investigation stage of crimes endangering national security, terrorism crimes and particularly major bribery crimes still need to be approved by the investigation agency. Under the above circumstances, the investigation agency shall notify the detention center in advance.
Presence requirements: Lawyers are required to meet with criminal suspects and defendants without being monitored (no one can be sent to the scene during the review, prosecution and trial stages)
Time requirements: Lawyers are required to meet with criminal suspects , the defendant, the detention center shall make arrangements promptly, no later than 48 hours.