When the case arrives at the procuratorate, it is entirely up to the parties to decide whether to hire a lawyer. In a case of public prosecution, the criminal suspect has the right to entrust a lawyer as a defender from the day when he is interrogated for the first time by the investigation organ or takes compulsory measures. During investigation, the defender can only be a lawyer. The defendant has the right to entrust a defender at any time. In addition, if it is a complaint case, although lawyers have advantages in legal professionalism and experience, they can help the parties prepare the complaint and related materials, but it is not mandatory. In the prosecution stage, the parties can decide whether to entrust a lawyer, choose to prosecute themselves or entrust an agent ad litem who knows the law. If the case is complicated, the parties may consider hiring a lawyer and obtaining professional legal help. When applying for bail pending trial, although lawyers can provide professional reasons to increase the success rate of the application, criminal suspects, defendants or their legal representatives and close relatives also have the right to apply, and it is not necessary to hire lawyers.
Legal advisory services for cases in the procuratorial stage;
1. Provide legal advice to criminal suspects or their legal representatives, and explain legal provisions and procedures;
2. Consult, extract and copy the case files related to the suspect's alleged crime;
3. Apply to the procuratorate for bail pending trial, and request to change or lift the compulsory measures against the criminal suspect;
4. Collect evidence, prepare defense materials and put forward defense opinions for criminal suspects;
5. Acting as an agent for criminal suspects and their legal representatives to lodge complaints and accusations;
6. Communicate with the procuratorate to understand the progress of the case and fight for the rights and interests of the criminal suspect.
To sum up, when the case comes to the procuratorate, it is up to the parties themselves to decide whether to hire a lawyer. In a case of public prosecution, the criminal suspect has the right to entrust a lawyer as a defender from the day when he is interrogated for the first time by the investigation organ or takes compulsory measures. During investigation, the defender can only be a lawyer. The defendant has the right to entrust a defender at any time. For appeal cases, although lawyers have advantages, they are not mandatory.
Legal basis:
Criminal Procedure Law of the People's Republic of China
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.