1. What should I do after being criminally detained for the crime of illegal business operation?
If the illegal operation is det
1. What should I do after being criminally detained for the crime of illegal business operation?
If the illegal operation is detained, the criminal suspect may entrust a lawyer to safeguard his rights and interests.
According to the provisions of the Criminal Procedure Law, a criminal suspect has the right to entrust a defender from the day when he is interrogated for the first time by the investigation organ or takes compulsory measures. During the investigation, only lawyers can be entrusted as defenders. The defendant has the right to entrust a defender at any time.
The people's procuratorate shall, within three days from the date of receiving the case materials transferred for examination and prosecution, inform the criminal suspect that he has the right to entrust a defender. The people's court shall, within three days from the date of accepting the case, inform the defendant of the right to entrust a defender.
If a criminal suspect or defendant is in custody, his guardian or near relative may also entrust a defender.
2. Is it necessary to hire a lawyer for being detained on suspicion of illegal business operation?
It is very necessary to entrust a lawyer after criminal detention. Lawyers can do the following:
1, meet the parties.
Once a family member is criminally detained on suspicion of committing a crime, the family member can't see it and the police station won't tell you anything, so you can't know anything. At this time, you can only entrust a lawyer to meet, and only a lawyer can meet your family.
2. Understand the case and prepare for the later criminal defense.
When a family member is detained, you can only know what charges the family member is suspected of and which detention center he is in through the Notice of Criminal Detention. After the meeting, the entrusted lawyer can know the details of the case and read the relevant transcripts. And judge whether the parties are guilty or not through the experience of handling cases.
3. Popularize the law for the parties.
In the investigation stage, according to the preliminary charges, the public security Committee may constantly induce the parties during interrogation, so that the interrogation records of the parties are infinitely close to the charges set by them. When lawyers meet, they will let the parties know that the criminal acts that do exist are honest and frank, which is conducive to sentencing. Non-existent crimes cannot be falsely accused.
4. appease the emotions of the parties.
When entering the detention center for the first time, the parties will inevitably panic and have the impulse to be abandoned by the whole world. At this time, entrusting a lawyer to meet can calm the mood of the parties, and at the same time send clothes to their families, so that the parties can feel the warmth of their families' concern.
5. Send a message.
The entrusted lawyer can convey the entrustment to the client on behalf of the family, and can also convey the information to the family on behalf of the client. Of course, it can't involve the case.
6. Apply for bail pending trial.
After the lawyer meets, he can judge the possibility of bail pending trial according to the situation, and try to get bail pending trial after soliciting the opinions of his family members. Of course, the sooner you apply for bail, the better.
When a family member is detained in criminal detention, we must not take chances to deal with it, which will inevitably lead to serious consequences. Don't scare yourself before you know the specific situation. You are scared every day. The best way is to entrust a lawyer to meet as soon as possible to find the most suitable solution.
When determining whether it constitutes the crime of illegal business operation, it should be determined in strict accordance with the subjective and objective characteristics of the crime of illegal business operation, that is, whether it violates state regulations, disrupts market order, whether the circumstances are serious, and whether it is intentional subjectively. The main criterion to distinguish the crime of illegal business operation from the general crime of illegal business operation is whether it meets the standard of serious circumstances.