What do lawyers do in the stage of examination and prosecution?
1, consult, extract and copy files;
2. Contact the public prosecution agency;
3. Meetings and communications;
4. Apply for bail pending trial for the criminal suspect;
5. Acting as an agent for complaints and accusations;
6. Investigate and collect relevant materials of the case;
7. Put forward opinions on defense or agency.
What rights do lawyers have at the stage of examination and prosecution?
1, defense lawyers have the right to read papers.
(1) When examining and prosecuting a case, the people's procuratorate may consult, extract and copy the litigation documents and technical appraisal materials of this case.
(2) Litigation documents include procedural documents made for filing a case, taking compulsory measures and investigation measures, and submitting for examination and prosecution, such as filing decision, detention certificate, approval of arrest decision, arrest decision, arrest warrant, search warrant, prosecution opinion, etc.
(3) Technical appraisal materials include documents that record the appraisal situation, such as forensic appraisal, forensic psychiatric appraisal and material evidence technical appraisal, as well as the conclusions formed by the appraisal of people, things and other relevant evidence materials by qualified personnel.
2. Have the right to meet with criminal suspects.
(1) A defense lawyer can meet with a criminal suspect in custody with a lawyer's practice license, a power of attorney and a letter of introduction from a law firm, and the meeting time and times are not limited.
(2) When the defense lawyer meets the criminal suspect, the procuratorial organ does not send personnel to be present. When a defense lawyer meets a criminal suspect whose residence is under surveillance, he shall meet other criminal suspects who are not in custody at his residence, unit or law firm.
3. Defence lawyers have the right to investigate and collect evidence.
(1) When a public prosecution case is transferred to prosecution, if a defense lawyer applies for collecting materials related to the case from the victim, his close relatives or witnesses provided by the victim, it shall be in written form and explain the reasons for the application.
(2) If the defense lawyer makes the above application, the attorney general's office shall solicit the opinions of the victim and his close relatives or witnesses provided by the victim, and give a written reply to the applicant within the prescribed time limit from the date of receiving the application.
(3) According to the application of the defense lawyer, if the evidence is collected or retrieved, the defense lawyer may be notified to be present, or the results of the collection and retrieval of evidence shall be informed to the defense lawyer in time.
4. The defense lawyer has the right to put forward defense opinions to prove that the criminal suspect is innocent, the crime is light or his criminal responsibility is reduced or exempted according to law.
5. The defense lawyer has the right to apply to the procuratorial organ for bail pending trial according to the case. Defense lawyers believe that criminal suspects who have taken compulsory measures beyond the statutory time limit have the right to request the cancellation or change of compulsory measures.
Legal basis:
Criminal Procedure Law of the People's Republic of China
Article 46 The victims of public prosecution cases, their legal representatives or close relatives, and the parties involved in incidental civil actions and their legal representatives shall have the right to entrust agents ad litem from the date when the case is transferred for examination and prosecution. The private prosecutor and his legal representative in a case of private prosecution, and the parties to an incidental civil action and their legal representatives have the right to entrust an agent ad litem 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 victim and his legal representative or his near relatives, the parties involved in incidental civil litigation and his legal representative that he has the right to entrust an agent ad litem. The people's court shall, within three days from the date of accepting a case of private prosecution, inform the private prosecutor and his legal representative, the parties to an incidental civil action and his legal representative that they have the right to entrust an agent ad litem.