First, in the investigation stage, criminal suspects can hire lawyers to provide them with legal help. The lawyer hired by the criminal suspect in the investigation stage mainly performs three duties:
The first is to provide legal advice to criminal suspects to help them understand relevant legal provisions and explain relevant legal issues. Legal advice provided by lawyers cannot be understood as merely reading out the legal provisions or explaining the legal provisions themselves, nor can it be understood as merely answering legal questions raised by criminal suspects. Lawyers have the responsibility to help legal issues related to criminal suspects, whether or not they are raised with lawyers, such as informing them of their due litigation rights and related legal responsibilities.
Second, acting as an agent to appeal and accuse, acting as an agent for criminal suspects to tell grievances to relevant departments, defend themselves, and accuse investigators and other relevant personnel of infringing the legitimate rights of criminal suspects. Lawyers need the consent of the criminal suspect to represent the accusation and accusation. However, if the criminal suspect is unable to complain or accuse because of serious illness, or is afraid to complain or accuse because of being threatened, the lawyer can also take the initiative to complain and accuse to safeguard the legitimate rights and interests of the criminal suspect.
Third, if the suspect is arrested, the lawyer can apply for bail pending trial.
In the investigation stage, lawyers provide legal aid to criminal suspects and enjoy corresponding litigation rights according to law. Lawyers can ask the investigation organ about the crime suspected by the criminal suspect, and the investigation organ shall inform lawyers of what crimes the investigation organ suspects the criminal suspect has committed; Lawyers can meet the criminal suspect in custody, learn the facts of the case from the criminal suspect through his statement, and know whether the investigation organ has violated the legal rights of the criminal suspect. Except for cases involving state secrets, if a lawyer requests to meet with the criminal suspect, the investigation organ shall not refuse for any reason, and it does not need the consent of the investigation organ. The investigation organ can't ask the lawyer to fill in the interview application form, which will be examined and approved by the investigation organ at different levels, nor can it ask the lawyer to submit the interview outline to the case-handling personnel before the meeting, let alone limit the times and time for the lawyer to meet the criminal suspect. After receiving the lawyer's application, the investigation organ shall arrange a meeting in time. For ordinary cases, interviews should be arranged within 48 hours. If the lawyer asks for an immediate meeting, as long as the suspect has not been questioned or there are other objective reasons, it should be arranged in time. I can't understand that it won't be arranged until 48 hours. However, for criminal cases of organizing, leading and participating in underworld organizations, criminal cases of organizing, leading and participating in terrorist organizations, and major and complex criminal cases involving more than two people, in order to facilitate the investigation activities of the investigation organs and help crack down on these serious crimes, the time for the investigation organs to arrange interviews may be appropriately extended. If a lawyer applies for a meeting, the investigation organ should not arrange it within 48 hours, but should. For cases involving state secrets, lawyers meeting with criminal suspects shall be approved by the investigation organ. That is to say, for cases involving state secrets, if the investigation organ approves the criminal suspect to hire a lawyer, the lawyer should also meet the criminal suspect with the approval of the investigation organ. After the lawyer applies to the investigation organ for an interview, the investigation organ may approve or disapprove the lawyer's interview with the criminal suspect according to the needs of case investigation.
In order to ensure the smooth progress of investigation activities and the security of state secrets, when lawyers meet with criminal suspects, the investigation organ may send personnel to be present according to the nature of the case, the seriousness of the case, the situation and needs of case investigation.
Legal basis:
Criminal procedure law
Article 34
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. When interrogating a criminal suspect for the first time or taking compulsory measures against him, the investigation organ shall inform him that he has the right to entrust a defender. 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 requests to entrust a defender while in custody, the people's court, the people's procuratorate and the public security organ shall promptly convey it. If a criminal suspect or defendant is in custody, his guardian or near relative may also entrust a defender. After accepting the entrustment of a criminal suspect or defendant, the defender shall promptly inform the case-handling organ.